Triple Talaq

Summary:

The Supreme Court is all set to begin hearing arguments in Shayara Bano v. Union of India, which has popularly come to be known as the “triple talaq case”. This case, in which the constitutional validity of certain practices of Muslim personal law such as triple talaq, polygamy, and nikah halala has been challenged, has created political controversy across the spectrum. The All India Muslim Personal Law Board (AIMPLB) has warned secular authorities against interfering with religious law.

What is triple talaq?

‘Triple Talaq’ is a procedure of divorce under the Sharia Law which is a body of the Islamic law. Under this, a husband can divorce his wife by pronouncing ‘Talaq’ thrice.

What’s the issue all about- A brief history:

• The case dates back to 2016 when the Supreme Court had sought assistance from the then Attorney General Mukul Rohatgi on pleas challenging the constitutional validity of “triple talaq”, “nikah halala” and “polygamy”, to assess whether Muslim women face gender discrimination in cases of divorce.
• Opposing the practice of triple talaq, the Centre told the top court that there is a need to re-look at these practices on grounds of gender equality and secularism.
• The Supreme Court later announced the setting up of a five-judge constitutional bench to hear and deliberate on the challenges against the practice of ‘triple talaq, nikah halala’ and polygamy.
• The issue gained political momentum on March 2017 when the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court that the issue of triple talaq falls outside the judiciary’s realm and that these issues should not be touched by the court.
• However, on August 22, the Supreme Court set aside the decade-old practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution.

Why triple talaq should be abolished?

• In spite of protests by Muslim women and activists world-wide the procedure is still prevalent in most countries.
• There are several instances where ‘triple talaq’ has enabled husbands to divorce their wives arbitrarily, devoid of any substantiation.
• According to a study, 92% of Muslim women in India want oral triple talaq to go.
• Oral talaq or ‘triple talaq’ delivered through new media platforms like Skype, text messages, email and WhatsApp have become an increasing cause of worry for the community.
• The ‘triple talaq’ has been abolished in 21 countries including Pakistan, but is still prevalent in India.
• The Centre reasons that these practices are against constitutional principles such as gender equality, secularism, international laws etc.
• The government also argues that when these practices are banned in Islamic theocratic countries, the practices could have absolutely no base in religion and are only prevalent to permit the dominance of men over women.

A bill in this regard:

In September, the government had proposed the Muslim Women (Protection of Rights on Marriage) Bill in the Parliament and sought to make triple talaq a punishable offence under the law.

At first, the Bill was passed in the Lok Sabha but it failed to secure a majority in the Rajya Sabha. The Bill was postponed till the winter session of Parliament. Following this, an ordinance was issued by the government after the bill failed to get cleared in Rajya Sabha amid protests by the Opposition.

Key provisions of the bill:

The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.

Definition: It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

Offence and penalty: The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.

The Bill provides that the Magistrate may grant bail to the accused: The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.

The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared). Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute. The terms and conditions of the compounding of the offence will be determined by the Magistrate.

Allowance: A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be determined by the Magistrate.

Custody: A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate.

Arguments favouring the bill:

• Bill is needed so that even Muslim women also get equality on par with other Muslim men.
• Triple talaq adversely impact rights of women to a life of dignity and is against constitutional principles such as gender equality, secularism, international laws etc.
• The penal measure acts as a “necessary deterrent”
• It significantly empowers Muslim women.
• The practice of triple talaq has continued despite the Supreme Court order terming it void.
• The practice is arbitrary and, therefore, unconstitutional
• The law is about justice and respect for women and is not about any religion or community
• It protects the rights of Muslim women against arbitrary divorce
• Instant triple talaq is viewed as sinful and improper by a large section of the community itself.
• The fine amount could be awarded as maintenance or subsistence.

Arguments opposing the bill:

• It is well established that criminalising something does not have any deterrent effect on its practice.
• Since marriage is a civil contract, the procedures to be followed on its breakdown should also be of civil nature only.
• Civil redress mechanisms must ensure that Muslim women are able to negotiate for their rights both within and outside of the marriage
• The harsh punishment defies the doctrine of proportionality.
• Three years in prison of the convicted husband will end up penalising the already aggrieved wife and children too.
• The punishment will aggravate the insecurity and alienation of the Indian Muslim community
• In the recent Supreme Court judgement, it never said that triple talaq is to be criminally punished.
• Invoke a secular law that already exists: Protection of Women from Domestic Violence Act (PWDVA), 2005.
• Parliament should have passed a law stating that the utterance of the words “talaq, talaq, talaq” would amount to “domestic violence” as defined in the PWDVA.
• The PWDVA was conceived as a law that ensures speedy relief — ideally within three months — to an aggrieved woman
• While PWDVA is civil in nature, it has a reasonably stringent penal provision built into it

Challenges before the court:

The court cannot decide this case without engaging in a series of complex and difficult choices. In particular, the court will have to decide first whether to adjudicate the case in a narrow manner, which stops at assessing the relationship between triple talaq and Muslim personal law, of whether to undertake a broader approach, and ask whether personal law can be subject to the Constitution at all.

What experts say?

Relying upon the Supreme Court’s own judgments, experts point out that only those features of a religion are constitutionally protected which are “integral” or “essential” parts of it. There is no evidence to show that talaq-i-bidat constitutes an integral part of the Islamic faith and, consequently, it does not deserve constitutional protection.

Way ahead:

On this view, the Supreme Court need not go into tangled and messy questions involving personal law and the Constitution; it can decide the question on its own terms. Although this would involve secular judges laying down the law on what Islam does or does not consider an essential religious practice, the Supreme Court has been engaging in such religious inquiry at least since 1966, and it is too late in the day to now say that it cannot, or should not. In fact, the Supreme Court itself, in a number of cases, has either doubted the validity of instantaneous triple talaq, or gone so far as to say that it is not a part of Muslim personal law.

Conclusion:

There is no doubt that triple talaq violates women’s rights to equality and freedom, including freedom within the marriage, and should be invalidated by the Supreme Court. The larger question, however, is whether the court will stick to its old, narrow, colonial-influenced jurisprudence, and strike down triple talaq while nonetheless upholding a body of law that answers not the Constitution, but to dominant and powerful voices within separate communities; or will it, in 2017, change course, and hold that no body of law (or rather, no body of prescriptions that carries all the badges and incidents of law) can claim a higher source of authority than the Constitution of India?

CONTEXT

In early June, at a NITI Aayog meeting, Prime Minister Narendra Modi set a clear and bold economic target — to grow India into a $5 trillion economy by 2024. It is now for ‘Team India’, as the meeting was bannered, to translate this target into a plan and policies and programmes.

What does a $5-trillion economy mean?

• $5-trillion economy refers to the size of an economy as measured by the annual gross domestic product (GDP). GDP is the total monetary value of all final goods and services produced in an economy within a year.
• Currently, India is the sixth-largest economy in the world with a GDP of $2.7 trillion. But it has to be understood that India being the sixth-largest economy doesn’t corroborate Indians being sixth-richest people since GDP per capita of India is much lower when compared to many developed countries and developing countries.

How realistic is this dream?

• It is Rs350,00,000 crore of gross domestic product (GDP) at current prices, at ₹70 to a U.S. dollar exchange rate. India’s (provisional) GDP in 2018-19 at current prices is ₹190,10,164 crore (or $2.7 trillion), which means the annual per capita income is ₹1,42,719, or about ₹11,900 per month.
• The target implies an output expansion by 84% in five years, or at 13% compound annual growth rate. Assuming an annual price rise of 4%, in line with the Reserve Bank of India’s inflation target, the required growth rate in real, or inflation-adjusted, terms is 9% per year.
• To get a perspective, India officially grew at 7.1% per year over the last five years, but the annual growth rate never touched 9%.

Comparison with Asian Countries

China – China, with a historically unprecedented growth record in its best five years, during 2003-07, grew at 11.7%;.

South Korea – South Korea, between 1983 and 1987, grew at 11%.

How to grow at such a fast pace

No country grew at such a pace without mobilising domestic saving and raising fixed investment rates.

1.Savings and investment rates required

• In the last five years, on average, the domestic saving rate was 30.8% of gross national domestic income (GNDI), and the investment rate (gross capital formation to GDP ratio) was 32.5%.
• Assuming the underlying technical coefficients remain constant, a 9% annual growth rate calls for 39% of domestic saving rate and 41.2% of investment rate.
• Correspondingly, shares of private consumption need to shrink to about 50% of GDP from the current level of 59% of GDP at current prices, assuming foreign capital inflow remains at 1.7% of GDP.
• In other words, India will have to turn into an investment-led economy as it happened during the boom last decade (2003-08) before the financial crisis, or like China since the 1980s.
• Granting that rapid technical progress or changes in output composition could reduce the required incremental capital-output ratio (ICOR), it nevertheless will call for a nearly 8-9 percentage point boost to saving and investment rates.

The low domestic saving rate

History shows that no country has succeeded in accelerating its growth rate without raising the domestic saving rate to close to 40% of GDP.

FDI is not an alternative – Foreign capital can fill in some vital gaps but is not a substitute for domestic resources.

A decline in savings – The domestic saving rate has declined from 31.4% in 2013-14 to 29.6% in 2016-17; and gross capital formation rate from 33.8% to 30.6% during the same period.

NPA Crisis – The banking sector’s ability to boost credit growth is limited by non-performing assets (NPAs) and the governance crisis in the financial sector.

Baltic Dry Index indications –

• Export to GDP ratio has declined rapidly, with a looming global trade war on the horizon, as has been indicated by the Baltic Dry Index.
• The highly regarded leading indicator of global trade, currently trading at 1354 is forecasted to decline to less than 1,000 index points by the year-end (a decline from its historic high of 11,793 points in May 2008, just before the financial crisis set in).

Challenges facing by the economy

Rising trade protectionism: the US imposed three rounds of tariffs on more than $250bn worth of Chinese goods. The duties of up to 25% cover a wide range of products, from handbags to railway equipment. China hit back by imposing tariffs ranging from 5% to 25% on $110bn of US products including chemicals, coal and medical equipment. On the same lines USA imposed tariffs on steel and aluminum imports and recently withdrawn generalized system preference (GSP).

Rising right wing philosophies in European countries: like Brexit and right wing leaders elected in Italy, Poland and Hungary nations will lead to rising protectionism.

Ineffectiveness of World trade organization (WTO): WTO failed to control the rising tariff war between USA, china and India. WTO launched Doha round negotiations in 2001 but still negotiations are in limbo.

Conflict in west Asia (Syria war, Saudi Arabia-Oman war) along with USA withdraw from Iran nuclear deal led to rising crude oil prices. With the $10 per barrel increase in oil price, the GDP is expected to come down by 0.2-0.3 per cent which will further worsen the Current Account Deficit by $9-10 billion dollars.

Internal factors:

India’s agrarian crisis: increasing protest from farming community due to lack of just price for agricultural produce; increasing debt and loan waivers; effects of climate change (like monsoon breaks, increasing unseasonal rains etc.) will effect on the agricultural productivity and on Indian food security.

Twin balance sheet syndrome (TBS): Twin balance sheet problem refers to the stress on balance sheets of banks due to non-performing assets (NPAs) or bad loans on the one hand, and heavily indebted corporate on the other. Because of rising NPA’s led to decline in credit growth.

Rising state Debt’s: according to N K Singh committee report, Outstanding liabilities of States have increased sharply during 2015-16 and 2016-17, following the issuance of UDAY bonds in these two years, which was reflected in an increase in liability-GDP ratio from 21.7% at end-March 2015 to 23.4% at end-March 2016 and further to 23.8% at end-March 2017.this will also not give enough space for productivity investment.

How can India become a 5 trillion economy?

1) Investment: According to the Economic Survey 2019, private Investment is the key driver of growth, jobs, exports and demand. The government expects investment rate to pick up in FY20 on higher credit growth and improved demand rebound in investment cycle. Growth in investment, which had slowed in many years, has bottomed out and has started to recover since 2017-18. Growth in fixed investments picked up from 8.3 per cent in 2016-17 to 9.3 per cent in 2017-18 and further 10 per cent in 2018-19, the survey said.

2) Jobs: The survey says job creation is mandatory to achieve the $5 trillion economy status. It says that unshackling MSMEs could help to achieve greater profits, job creation and enhanced productivity. This can be done via: sunset clause of less than 10 years, with necessary grand-fathering, for all size-based incentives; and deregulating labor law restrictions to create significantly more jobs, it adds.

Job creation in India suffers from policies that foster dwarfs, that is small firms that never grow, instead of infant firms that have the potential to grow and become giants rapidly,” the survey said, categorising small firms as those employing less than 100 workers. Dwarfs were defined as small firms in operations since more than 10 years and “infants” as newer companies that are small in size in terms of workforce, according to the survey.

Analysing the Annual Survey of Industries (ASI) data, the survey said dwarfs accounted for more than half of all organised firms in the manufacturing sector, but contribute only 14 per cent in employment generation and a “mere” 8 per cent to productivity.

“In contrast, large firms (more than 100 employees) account for three quarters of such employment and close to 90 per cent of productivity, despite accounting for about 15 per cent,” the survey said, emphasising that it is a misconceived notion that small firms are significant job creators as they are also responsible for job destructions because they “find it difficult to sustain the jobs they create”.

3) Savings: Exports and manufacturing must ideally be focused as part of the growth model to sustain GDP at 8 per cent rate. “Because higher savings preclude domestic consumption as the driver of final demand,” said the survey.

4) Demographic phase: The Economic Survey 2019 has predicted a slowdown in population growth in the next two decade. “Working age population would grow by roughly 9.7 million (97 lakh) per year during 2021-31 and 4.2 (42 lakh) million per year during 2031-41. This could be an ideal for India to propel its economy.

5) Energy conservation: Enabling inclusive growth through affordable, reliable and sustainable energy is another step to make India a $5-trillion economy. The survey has suggested that 2.5 times increase in per capita energy consumption is needed for India to increase its real per capita GDP by $5000 (at 2010 prices), and enter the upper-middle income group. And, four times increase in per capita energy consumption can achieve 0.8 Human Development Index score.

Conclusion

Given the foregoing, the $5 trillion target appears daunting. It may yet be doable, provided policymakers begin with a realistic assessment, by willing to step up domestic saving and investment, and not by the wishful thinking of FDI-led growth accelerations in uncertain economic times.

News

• India has begun pre legislative consultations on a “Space Activities Bill” that is designed to encourage domestic private rocket and satellite companies to offer services for Indian and global customers.

About the Space Activities Bill, 2017

• The Bill will address the liability issues arising from their space activities, in a suitable/ rational manner, in line with international practices.
• The government first introduced the Bill in 2017.

Objective

• To promote and regulate the space activities of India by encouraging the participation of non-governmental/private sector agencies under the guidance and authorisation of the government through the Department of Space.

Why is there a need for a space law?

• Currently, space activities are regulated by policies like Satellite communication policy, 2000 and Remote Sensing Data Policy, 2011. But there is a need for the proper legal environment for orderly performance and growth of the space sector.
• Nations such as the USA, Russia, UK, etc. have their own space legislation. Even China and Japan are in the process of formulating their own domestic space legislation.
• Earlier, ISRO was the sole player in the space sector. However lately, there have been many start-ups mushrooming in this sector, which calls for a regulatory mechanism and legislation to govern their activities.
• Furthermore, the demand for Indian space products has been growing both in the country and outside the country. So it is necessary to include Indian industry and service providers in space activities under the technical guidance of the Department of Space (DOS) and the growth of the Indian space sector.
• A legislation is required as India is obligated to UN outer space treaties which require signatories to have a national legislation in place.
• There is a need for national space legislation for supporting the overall growth of the space activities in India. This would encourage enhanced participation of non-governmental/private sector agencies in space activities in India, in compliance with international treaty obligations, which is becoming very relevant today.

Legal Provisions

• Internationally, the outer space activities are governed by treaties and principles evolved under UN Committee on Peaceful Uses of Outer Space (UNCOPUOS).
  • The Committee on the Peaceful Uses of Outer Space (COPUOS) was set up by the UN General Assembly in 1959 to govern the exploration and use of space for the benefit of all humanity: for peace, security and development.
• India is also a party to the Outer Space Treaty, 1967.
• Constitution of India provides for implementation of international treaty obligations, vide Articles 51 and 253.
• The “space” as a subject is not mentioned in the Union List. However, Parliament retains residuary legislative power in respect of “any matter not enumerated” in any of the three lists.
• Currently, space activities are regulated by policies like Satellite Communication Policy, 2000 and Remote Sensing Data Policy, 2011.

Background

• The lack of independent private participation in space is because of absence of a framework to provide transparency, timelines on licensing, issuance of authorisation and continuous supervision mechanism (in accordance with the Outer Space Treaty), among others.
• These issues need to be addressed today to provide a stronger thrust for ‘Make in India’ as well as FDI in space.

Key propositions of the Bill

• The provisions of this Act shall apply to every citizen of India and to all sectors engaged in any space activity in India or outside India
• A non-transferable licence shall be provided by the Central Government to any person carrying out commercial space activity
• The Central Government will formulate the appropriate mechanism for licensing, eligibility criteria, and fees for licence.
• The government will maintain a register of all space objects (any object launched or intended to be launched around the earth) and develop more space activity plans for the country
• It will provide professional and technical support for commercial space activity and regulate the procedures for conduct and operation of space activity
• It will ensure safety requirements and supervise the conduct of every space activity of India and investigate any incident or accident in connection with the operation of a space activity.
• It will share details about the pricing of products created by space activity and technology with any person or any agency in a prescribed manner.
• If any person undertakes any commercial space activity without authorisation they shall be punished with imprisonment up to 3 years or fined more than ₹1 crore or both.

Arguments favouring the bill

Definition: The bill clearly defines space players, licenses, violations, objects, people, and geography. It is also proposed to define detailed guidelines in consultation with stakeholders and industry bodies.

Promotion: The bill encourages non-governmental players to take the risk and invest in space activities in India. This will make India a commercial hub for space activities and generate jobs in the country.

Arguments against the bill

Clarity: Experts have criticized the bill for its lack of clarity on the use of space objects.

Regulation: It gives arbitrary power to the government for monitoring the research activities. This would scare away international investors from investing in the space sector of India.

Liability: The bill made the government non-liable for any harm caused by the commercial activities by the non-governmental players in space even though the government gives clearance for their involvement in the space activities.

Significance of the bill

• The current space policy does not cover liability for damage to third party space assets although the country is a signatory to the UN Treaties on Outer Space activity.
• The Bill will help formulate necessary rules under the Space Activities Act to deal with damages under the liability provisions and the mode of securing financial guarantee to compensate for damages.
• This bill would address a long-pending concern on covering liabilities in the event of a mishap or damage to spacecraft.

Why reconsider the Bill?

The current space policy does not cover liabilities for damage to third party space assets although the country is a signatory to the UN Treaties on Outer Space activity.

The Bill will help formulate necessary rules under the Space Activities Act to deal with damages under the liability provisions and the mode of securing financial guarantee to compensate for damages.

This bill would address a long-pending concern on covering liabilities in the event of a mishap or damage to spacecraft.

For tapping global opportunities

India’s PSLV has emerged as the preferred rocket to hurl small satellites globally.

India is also working on a small satellite launch vehicle that is designed to tap the global opportunity to carry satellites of less than 50 kg into space.

The US, France and the EU have legislations that underwrite costs of damage if it exceeds insurance when a private satellite launch goes awry or a rocket hits another object in space.

Way forward

The bill is a welcome step in promoting the space sector. But to enable competitive ecosystem in the space sector there is a need to conduct a review of international best practices in managing the space value chain and inducting them within the Act.

News

• The IT Ministry’s Bill on data protection is scheduled to be introduced in Parliament during the current session.
• Worldwide, the data flow debate is playing out at the World Trade Organisation (WTO) and G20.

Background

RBI had in April last year asked payments firms to adhere to data localization norms, suggesting these companies had to store data on Indian servers only. They were given six months to comply with the banking regulator’s order. While foreign companies are adhering to RBI’s data localization rules, they have maintained that storing data on Indian servers would require setting up data storage infrastructure in the country, which would increase their costs.

The ‘Data’ under debate

• Data is any collection of information that is stored in a way so computers can easily read it.
• These days, most people refer to data to mean information about their messages, social media posts, online transactions, and browser searches.
• Big data refers to the immense amount of data that can now be collected, stored, and analysed to find patterns.

Why is Data important?

• This large collection of information about people’s online habits has become an important source of profits.
• Your online activity can expose a lot about who you are, and companies find it valuable to use the information to target advertisements to you.
• Governments and political parties have also gained interest in these data sets for elections and policymaking.

Data Localization

1. It is a concept that the personal data of a country’s residents should be processed and stored in that country.
2. Some directives may restrict flow entirely, while others more leniently allow for conditional data sharing or data mirroring – in which only a copy has to be stored in the country.
3. As of now, much of cross-border data transfer is governed by individual bilateral “mutual legal assistance treaties” (MLATs).

India in favor of Data Localization

• India’s recent drafts and statements have strong signals for data localisation, which means that data of Indians (even if collected by an American company) must be stored and processed in India.
• Along with a RBI directive to payment companies to localize financial data, the Ministry of Commerce’s draft e-commerce policy is currently in public consultation.
• The IT Ministry has drafted a data protection law that will be introduced in Parliament and has also framed draft intermediary rules that were leaked earlier.
• These laws, broadly speaking, could require Facebook, Google, and Amazon to store and process in India information such as an Indian’s messages, searches, and purchases.
• In some cases, they restrict what type of data these companies can collect. In others, it requires only a copy of the data to be in the country.
• By requiring a copy of the data to be stored in India (data mirroring), the government hopes to have more direct control over these companies, including the option to levy more taxes on them.
• The government also argues for data localisation on the ground of national security, to prevent foreign surveillance and attacks.

Arguments in Favor of data localization

1. A common argument by officials is that localisation will help Indian law enforcement access user data.This especially gained prominence when incidences of lynchings across the country were linked to WhatsApp rumours whose stance on encrypted content frustrated government officials.
2. Along with government support, most domestic-born technology companies (which tend to have heavy foreign investments) support data localisation.Most of these firms store their data exclusively in India.
3. Some Indian companies have strongly argued that data regulation for privacy and security will have little teeth without localisation, citing models in China and Russia.
4. These domestic companies are rivals of many big US giants and condemn the large tax differences between international companies operating in India and those with a permanent establishment in the country.
5. Many argue that localisation would lead to a larger presence of MNC’s in India overall, such as local offices, and increase tax liability and open more jobs.
6. Secures citizen’s data and provides data privacy and data sovereignty from foreign surveillance. Example – Facebook shared user data with Cambridge Analytica to influence voting.
7. Ensures National Security by providing ease of investigation to Indian Law Enforcement agencies as they currently need to rely on Mutual Legal Assistance Treaties (MLATs) to obtain access to data.
8. It will give local governments and regulators the jurisdiction to call for the data when required.
9. Data centre industries are expected to benefit due to the data localisation which will further create employment in India.
10. Greater accountability from firms like Google, Facebook etc. about the end use of data.
11. Minimises conflict of jurisdiction due to cross border data sharing and delay in justice delivery in case of data breach.

Argument against data localisation

1. Industry bodies, especially those with significant ties to the US, have slung heavy backlash.
2. Much of this sentiment hampers to the values of a globalised, competitive internet marketplace, where costs and speeds determine information flows, rather than nationalistic borders.
3. Opponents say that this, in turn, may backfire on India’s own young start-ups that are attempting global growth, or on larger firms that process foreign data in India.
4. Critics caution against state misuse and surveillance of personal data.
5. They also argue that security and government access is not achieved by localisation. Even if the data is stored in the country, the encryption may still remain out of the reach of national agencies due to company’s privacy concerns.
6. The US government and companies want cross-border flow of data. It would allow companies to store the data of Indians in the most efficient place in the world.
7. The Cyber Security Report 2017 reported that businesses in India were most at risk to cyber security attacks. Thus, a mandatory border control provision by data localisation may not be the solution to avoiding security breach incidents. As foreign governments use sophisticated malware to spy, forcing data storage within the country’s boundaries may not offer it any better protection.Huge costs are involved to fulfill data localisation requirements.

Data protection bill seeks localisation of data

• The Justice Srikrishna Committee in its report accompanying the draft Personal Data Protection Bill notes that eight of the top 10 most accessed websites in India are owned by U.S. entities
• This reality has often hindered Indian law enforcement agencies when investigating routine crimes or crimes with a cyber element
• Police officials are forced to rely on a long and arduous bilateral process with the U.S. government to obtain electronic evidence from U.S. communication providers
• The committee seeks to correct this
• The Bill calls for a copy of user data to be mandatorily localised in India

Is data localisation enough?

• A fundamental error that the Srikrishna Committee seems to have made is in its belief that the location of data should determine who has access to it
• The reason that Indian law enforcement relies on an outdated Mutual Legal Assistance Treaty (MLAT) process to obtain data stored by U.S. companies is because the U.S. law effectively bars these companies from disclosing user data to foreign law enforcement authorities
• Technology companies are allowed to share data such as content of an email or message only upon receiving a federal warrant from U.S. authorities
• This scenario will not change even after technology companies relocate Indian data to India
• Crimes across the globe not covered
• The draft bill mandates local storage of data relating to Indian citizens only
• Localisation can provide data only for crimes that have been committed in India, where both the perpetrator and victim are situated in India
• Prevalent concerns around transnational terrorism, cyber crimes and money laundering will often involve individuals and accounts that are not Indian, and therefore will not be stored in India
• For investigations into such crimes, Indian law enforcement will have to continue relying on cooperative models like the MLAT process

Is location sole measure of claiming data rights?

• Questions around whether access to data is determined by the location of the user, location of data or the place of incorporation of the service provider have become central considerations for governments seeking to solve the cross-border data sharing conundrum
• The Clarifying Lawful Overseas Use of Data (CLOUD) Act, passed by the U.S. Congress earlier this year, seeks to de-monopolise control over data from U.S. authorities
• The law will for the first time allow tech companies to share data directly with certain foreign governments
• This requires an executive agreement between the U.S. and the foreign country certifying that the state has robust privacy protections and respect for due process and the rule of law
• The CLOUD Act creates a potential mechanism through with countries such as India can request data not just for crimes committed within their borders but also for transnational crimes involving their state interests

Data policies in neighbourhood

• China has developed similar laws, which proponents say allow for a flourishing domestic economy of data centres and data processing by blocking foreign players out.
• This is why Indian companies, like Reliance and PayTM, usually support data localisation.

Ahead of G20 meet

• A principle titled “Data Free Flow with Trust” (DFFT) — supported by US, Japan, and Australia — is expected to be a significant talking point at the upcoming G20 summit.

Way Forward

• There is need to have an integrated long-term strategy for policy creation for data localisation.
• Adequate infrastructure and adequate attention need to be given to the interests of India’s Information Technology enabled Services (ITeS) and Business Process Outsourcing (BPO) industries, which are thriving on cross border data flow.

Bt Brinjal

In News

• A month ago, Bt brinjal to resist the brinjal fruit and shoot borer (an insect), was found growing illegally in Haryana.
• This was a different Bt brinjal from the one developed by the Indian company, Mahyco, in which Monsanto has a 26% stake.

What are Genetically Modified (GM) crops?

• GM is a technology that involves inserting DNA into the genome of an organism.
• To produce a GM plant, new DNA is transferred into plant cells. Usually, the cells are then grown in tissue culture where they develop into plants. The seeds produced by these plants will inherit the new DNA.
• One of the methods used to transfer DNA is to coat the surface of small metal particles with the relevant DNA fragment, and bombard the particles into the plant cells.
• Another method is to use a bacterium or virus. The viruses and bacteria transfer their DNA into a host cell as a normal part of their life cycle. For GM plants, the bacterium most frequently used is called Agrobacterium tumefaciens. The gene of interest is transferred into the bacterium and the bacterial cells then transfer the new DNA to the genome of the plant cells.

Pros of GM crops

• Higher crop yields.
• Reduced farm costs.
• Increased farm profit.
• Improvement in health and the environment.

Cons of GM Corps

• It is clear that the technology of genetic engineering is an evolving one and there is much, especially on its impact on human health and environment that is yet to be understood properly. The scientific community itself seems uncertain about this.
• While there are many in this community who feel that the benefits outweigh the risks, others point to the irreversibility of this technology and uncontrollability of the Genetically Modified Organisms (GMO) once introduced in the ecosystem. Hence, they advocate a precautionary approach towards any open release of GMOs.
• One of the concerns raised strongly by those opposing GM crops in India is that many important crops like rice, brinjal, and mustard, among others, originated here, and introducing genetically modified versions of these crops could be a major threat to the vast number of domestic and wild varieties of these crops.
• In fact, globally, there is a clear view that GM crops must not be introduced in centres of origin and diversity. India also has mega biodiversity hotspots like the Eastern Himalayas and the Western Ghats which are rich in biodiversity yet ecologically very sensitive.
• There is also a potential for pests to evolve resistance to the toxins produced by GM crops and the risk of these toxins affecting nontarget organisms.
• There is also the danger of unintentionally introducing allergens and other anti-nutrition factors in foods.

Labeling GM crops

• Most GM foods in the study did not disclose GM on their labels and 15% made false claims saying they were GM-free.
• Retailing being largely an unorganized sector, enforcing truthful labeling is not pragmatic.
• Two of the eight infant food samples, imported from the US and the Netherlands, were GM positive, but the labels did not disclose this.
• Under Section 22 of the Food Safety and Standards Act, 2006, GM foods are not allowed to be manufactured, imported or sold in India unless approved under the Act.

What is Bt Brinjal?

• Bt Brinjal is a GM crop created by inserting Cry1Ac gene from the soil bacterium Bacillus thuringiensis into Brinjal.
• The insertion of the gene gives Brinjal plant resistance against lepidopteron insects like the Brinjal Fruit and Shoot Borer (Leucinodes orbonalis) and Fruit Borer (Helicoverpa armigera).
• Upon ingestion of the Bt toxin by the insect, there would be disruption of digestive processes, ultimately resulting in the death of the insect.
• This was to bring down the economic cost of brinjal production in the country. As per studies, the Shoot Borer and Fruit Borer cause up to 20% damage in the crops. The introduction of Bt Brinjal would add to annual production and it would be good for farm economy in the country.

Why Bt Brinjal was banned?

• Despite of the claims of the Mahyco (Maharashtra Hybrid Seeds Co) company that it has done all Biosafety tests, there were concerns over potential health hazards and problem of terminator seed in Brinjal, which would compel farmers to by seeds from Monsanto.
• The matter reached to Supreme Court and an expert committee, appointed by Supreme Court recommended a 10-year moratorium on field trials of all genetically modified (GM) food crops and a complete ban on field trials of transgenics in crops which originate in India.
• The result was that the government imposed a moratorium on field trials of Bt Brinjal in 2010.

Issues with BT Brinjal

I] Institutional dilemma

• The Ministry of Agriculture has not offered evidence that Bt brinjal will benefit farmers.
• If Bt brinjal performs as Mahyco proposes, brinjal output will increase and retail prices will fall, benefiting consumers far more than farmers.
• Companies might charge premium prices for Bt brinjal seeds, in which case farmers may not benefit at all.

II] Biosafety issues

• On biosafety issues, scientific opinion is divided down the middle. Brinjal happens to be such a crop.
• While some scientists were in favour of releasing Bt brinjal, others highlighted crucial deficiencies in the characterization of Bt brinjal, and in the environmental impacts assessment.
• Few ecologists warned of contamination of India’s diverse brinjal varieties.
• Biodiversity is critical for nutrition and sustainability, and the government’s own task force on biotechnology (2004) had recommended that no GM crop be allowed in biodiversity-rich areas.
• Further, a majority of the technical expert committee appointed by the Supreme Court recommended a ban on genetically modifying those crops for which India is a centre of origin or diversity.
• The Dr. Y.S.R. Horticultural University highlighted crucial deficiencies in the characterisation of Bt brinjal, and in the environmental impact assessment.
• The ecologist, Madhav Gadgil, warned of contamination of India’s diverse brinjal varieties.

III] Nutrition issues

• In terms of nutrition, there seem to be some significant differences between Bt and ordinary brinjal.
• Many health researchers have argued that Bt brinjal poses risks to human health.
• S. Swaminathan and V.M. Katoch, then the Director General of the ICMR, asked for long-term (chronic) toxicity studies, before taking any decision on Bt brinjal.
• Further, they asked that these be conducted independently, instead of relying exclusively on Mahyco for data.

IV] No scientific consensus

• In recent years, pests have developed resistance to Bt cotton, forcing farmers to spray lethal pesticides.
• This led to over 50 deaths by pesticide-poisoning in Vidarbha in 2017.
• A GM-based strategy of pest control is unsustainable, all the more so since farmers, already pressed for land, ignore the government’s recommendation to plant refuge crops.
• The problem of sustainable, remunerative farming has become more acute, and alternative strategies such as organic and zero budget natural farming, which do not allow GM seeds, are gaining ground.

In the debate

• Bt brinjal found no support from State governments. Kerala and Uttarakhand asked for a ban on GM crops.
• States with substantial brinjal cultivation, i.e. West Bengal, Odisha, Bihar opposed the release pending rigorous, extensive testing.
• In 2012 and 2017, respectively, the Parliamentary Standing Committee on Agriculture and the Committee on Science & Technology, Environment and Forests assessed the GM controversy.
• Both committees expressed grave concerns about lapses in the regulatory system.
• In fact, the Committee on Agriculture was so alarmed by the irregularities in the assessment of Bt brinjal, that it recommended “a thorough probe by a team of eminent independent scientists and environmentalists”, which never happened.
• Further, both committees endorsed labelling GM foods to protect a consumer’s right to know.
• However, since retailing is largely unorganised, enforcing truthful labelling is a logistical nightmare, and the Ministry of Agriculture believes it is impractical.
• The FSSAI has only recently begun putting labelling rules into place.

No scientific consensus yet

• In sum, there is a moratorium on Bt brinjal because there is no scientific consensus on its safety and efficacy, and because the States and Parliament have profound misgivings about the regulatory system.
• In recent years, pests have developed resistance to Bt cotton, forcing farmers to spray lethal pesticides.
• This led to over 50 deaths by pesticide-poisoning in Yavatmal in 2017.
• If anything, the problem of sustainable, remunerative farming has become more acute, and alternative strategies such as organic and zero budget natural farming, which do not allow GM seeds, are gaining ground.

Way Forward

• Environmental Impact Assessment: must be carried out by independent environmentalist, as farmers do not and cannot assess the long-term impact of GM crops on ecology and health.
• Unchecked import of GM products should be stopped.
• In order to curb the illegal cultivation of Bt brinjal, the Genetic Engineering Appraisal Committee (GEAC) must:
• Collaborate with state governments and launch a nation-wide investigation drive.
• Take action on threats of deliberate Bt brinjal and Bt cotton cultivation.
• Investigate and prosecute those involved in the illegal supply of Bt brinjal seeds.
• Organic farming should be encouraged.
• The government should go for commercialization of Bt brinjal only after the core and deep research on the long term prospects and benefits of commercialization of Bt crops in India. In that context, India can learn from Bangladesh’s example where farmers have been growing the Bt Brinjal since 2013.

The government

• Must detail the steps it has taken since 2010 to address the scientific lacunae.
• Clarify precisely how Bt brinjal will benefit farmers
• Put the infrastructure to ensure labelling into place
• Demonstrate how Bt brinjal fits in with sustainable farming and biodiversity conservation.

Conclusion

As things stand, Bt brinjal runs counter to the framework for agricultural development and farmers’ well-being devised by parliamentary panels and the government’s own task forces and expert committees.

India and SCO

News

• PK Modi departed for the Kyrgyz capital Bishkek to attend a summit of the Shanghai Cooperation Organisation (SCO).

Shanghai Cooperation Organisation (SCO)

• After the collapse of the Soviet Union in 1991, the then security and economic architecture in the Eurasian region dissolved and new structures had to come up.
• The original Shanghai Five were China, Kazakhstan, Kyrgyzstan, Russia and Tajikistan.
• The SCO was formed in 2001, with Uzbekistan included. It expanded in 2017 to include India and Pakistan.
• Since its formation, the SCO has focused on regional non-traditional security, with counter-terrorism as a priority:
• The fight against the “three evils” of terrorism, separatism and extremism has become its mantra.
• Today, areas of cooperation include themes such as economics and culture.

India’s entry to the SCO

• India and Pakistan both were observer countries.
• While Central Asian countries and China were not in favour of expansion initially, the main supporter — of India’s entry in particular — was Russia.
• A widely held view is that Russia’s growing unease about an increasingly powerful China prompted it to push for its expansion.
• From 2009 onwards, Russia officially supported India’s ambition to join the SCO. China then asked for its all-weather friend Pakistan’s entry.

How does membership of the SCO help India?

[I] Counter-terrorism

• These sit well with the SCO’s main objective of working cooperatively against the “three evils”.
• India wants access to intelligence and information from SCO’s counter-terrorism body, the Tashkent-based Regional Anti Terror Structure (RATS).
• A stable Afghanistan too is in India’s interest, and RATS provides access to non-Pakistan-centred counter-terrorism information there.

[II] Connectivity

• Connectivity is important for India’s Connect Central Asia policy. Energy cooperation dominates its interest – and it’s in China’s neighbourhood.
• But India will also have to deal with an assertive China, which will push its Belt and Road Initiative during the summit.
• SCO membership also bolsters India’s status as a major pan-Asian player, which is boxed in the South Asian paradigm.

Geopolitics and play out for India

• The US’ power struggle with China, exit from the Iran nuclear deal JCPOA which affected India’s oil imports from Iran and adversarial attitude towards Russia which delayed India’s defence purchase like S-400.
• While US’s stance against Islamabad after the Pulwama attack was evidence of its support to New Delhi, India has had a strained relationship with China after the Doklam stand-off, followed by attempts to reset relations in Wuhan.

A cause of worry for US

• In the SCO, India’s sitting down with less-than-free regimes, Russia and China has always had the West worried.
• India, however, has always been tactful in not aligning with these countries on governance issues.

How does it play out in the India-Pakistan or India-China relationship?

• In the absence of the SAARC summit, the SCO summit gives an opportunity for Indian and Pakistani leaders to meet informally, on the sidelines.
• Both sides have the obligation not to bring in bilateral disputes, but can cooperate on issues of mutual interest and importance.
• Signing off on joint counter-terrorism exercises will be a new form of engagement between the two militaries.
• With China, it is yet another opening, like the BRICS summit last year, to bring down tensions, and ahead of the next informal summit in October in India.

Divergences in Central Asian and Indian Interests

• Russia and Central Asian countries are likely to express “broad support” for China in the wake of trade war against U.S. India is equally concerned about this trade war, but is in a dilemma in view of openly slamming U.S. protectionism.
• It is also notable that all SCO members, barring India, are enthusiastic supporters of the Belt and Road Initiative (BRI).
• Also, the other agenda of the summit would be to sell the Gwadar Port and China-Pakistan Economic Corridor (CPEC) as a potential passage to landlocked Central Asian states. But CPEC passes through territory over which India claims its sovereignty.
• Terrorism is likely to be approached from the angle of improving the situation in Afghanistan and not necessarily of curbing the terrorist elements emanating from Pakistan.

Key outcomes of the Bishkek Declaration?

• The Bishkek Declaration was finalised in the summit.
• Member countries signed 14 decisions at the summit, including cooperation in sports, healthcare and environment.
• The anti-narcotic strategy and the programme of action was amongst one of the documents signed.
• Discussions regarding terrorism, regional cooperation, Afghanistan, and economic issues were carried out during the summit.
• SCO urged the global community to work towards a consensus on adopting the Comprehensive Convention on International Terrorism (CCIT).
• It also emphasised the need to launch multilateral talks, at the Conference on Disarmament, on an international convention to combat acts of chemical and biological terrorism.
• SCO called for the international community’s joint efforts to counter attempts to involve young people in terrorism, separatism and extremist activities.
• The members committed to counter the use of information and communications technology to undermine political, economic and public security in the SCO countries.
• Opportunities for economic cooperation had a special focus, and SCO countries committed to strengthening economic cooperation.
• Countries also committed to supporting the World Trade Organisation structure.
• Also, building more people-to-people ties, tourism and cultural bonds within the grouping was stressed upon.
• On the sidelines of the summit, some cooperation agreements between SCO and UN-specialised agencies were also signed.
• Afghanistan – On Afghanistan, the Bishkek declaration stressed on an inclusive peace process led by “Afghans themselves”.
• India reiterated its long-held stand towards the peace process in Afghanistan.
• It held the view that Afghanistan should be led, owned, and controlled by Kabul.
• Indian PM Modi also touched upon the topics of connectivity, especially the north-south corridor, Chabahar port and renewable energy.
• He also introduced the acronym HEALTH (during the SCO session) which denotes –
  1. Healthcare Cooperation
  2. Economic Cooperation
  3. Alternate Energy
  4. Literature and Culture
  5. Terrorism-free society
  6. Humanitarian Cooperation
• India-Pakistan – Prime Minister Modi and his Pakistani counterpart Imran Khan failed to hold substantive talks at the summit.
• Nevertheless, the occasion provided a setting for them to exchange what India called the “usual pleasantries” at the least.
• Beyond the summit, the two countries are committed to engaging at several other levels, including the SCO Regional Anti-Terrorist Structure.
• Pakistan leads the effort to coordinate between the SCO and the UN Office on Drugs and Crime.
• Besides these, India opposed to China’s Belt and Road Initiative.
• The summit declaration has mentioned only the other countries in a paragraph praising the project.
• On the sidelines of the summit, Mr. Modi held bilateral meetings with Chinese President Xi Jinping and Russian President Vladimir Putin.

Way Forward

• What draws India to SCO is the “Shanghai spirit”, which emphasises harmony, non-interference in others’ internal affairs, and non-alignment.
• The bottom-line is that it helps India keep all options open in terms of international partnerships.
• n this situation, India will have to clearly identify and promote its interests to enhance its presence in the Eurasian region for this accelerating progress on the International North-South Transport Corridor, the Chabahar Port, the Ashgabat Agreement and the India-Myanmar-Thailand Trilateral Highway should be very much on the cards.

Acute Encephalitis Syndrome (AES)

• An epidemic of Acute Encephalitis Syndrome (AES) has broken out in five north Bihar districts, with more than 50 children having died in the last nine days.
• Locally known as Chamki Bukhar, at least 400 children have died in the last one decade due to AES in these districts.

What is AES?

• AES is a clinical condition most widely caused by infection with Japanese encephalitis virus (JEV) or other infectious and non-infectious causes.
• AES in short, it is a basket term used for referring to hospital, children with clinical neurological manifestations which include mental confusion, disorientation, convulsion, delirium or coma.
• Meningitis caused by virus or bacteria, encephalitis (mostly Japanese encephalitis) caused by virus, encephalopathy, cerebral malaria, and scrub typhus caused by bacteria are collectively called acute encephalitis syndrome.
• While microbes cause all the other conditions, encephalopathy is biochemical in origin, and hence very different from the rest.
• There are different types of encephalopathy. In the present case, the encephalopathy is associated with hypoglycemia and hence called hypoglycemic encephalopathy.

Is encephalitis different from hypoglycaemic encephalopathy?

• The two conditions show very different symptoms and clinical manifestations.
• Fever on the first day is one of the symptoms of encephalitis before the brain dysfunction begins.
• While fever is seen in children in the case of hypoglycaemic encephalopathy, fever is always after the onset of brain dysfunction (actually due to the brain dysfunction).
• And not all children exhibit fever. Some children have no fever, while others may have mild or very high fever.
• The blood sugar level is usually normal in children with encephalitis but is low in children with hypoglycaemic encephalopathy.

What happens in hypoglycaemic encephalopathy?

• However, in hypoglycaemic encephalopathy, children go to bed without any illness but manifest symptoms such as vomiting, convulsion and semi-consciousness early next morning (between 4 a.m. to 7 a.m.).
• At that time, the blood sugar level is low, hence the name hypoglycaemic encephalopathy.

Symptoms of AES

• The signs and symptoms of AES include – an acute onset of fever, headache and clinical neurological manifestation that includes mental confusion, disorientation, delirium, or coma.

Who is at risk?

• People in rural areas where the virus is common are at greater risk.
• But the incidence was highest among children 0-6 years of age.
• People with weakened immune system – for instance, who have HIV/AIDS, take immune-suppressing drugs – are at an increased risk of encephalitis.

What killed so many children in Bihar?

• In a majority of cases, children died due to hypoglycaemic encephalopathy.
• According to a PIB release hypoglycaemia (low blood sugar level) was reported in a “high percentage” of children who died.
• Unlike hypoglycaemic encephalopathy, encephalitis does not cause low blood sugar level so death in a high percentage of children couldn’t have been due to encephalitis.

Why has it affected only young children in Bihar?

• It is an observed fact that malnourished children between two to 10 years fall ill and die due to hypoglycaemic encephalopathy.
• It is not known why older children or adults do not suffer the same way.
• This clear discrimination by age is also a reason why the underlying cause of the illness cannot be a virus.
• A virus does not discriminate by age, and children younger than two years too are affected by Japanese encephalitis.
• It has also been documented that most of the children falling ill are from families camping in orchards to harvest the fruits. These children tend to collect and eat the fruits that have fallen on the ground.
• Hypoglycaemic encephalopathy outbreaks are restricted to April-July, with a peak seen in June. This is because litchi is harvested during this period.

Reasons

Now, belatedly, they have acknowledged the two most critical reasons for the deaths — malnutrition and the inadequacy of primary health centres (PHCs).

• The state government’s lack of preparedness is indefensible.
• AES has struck Muzaffarpur with regularity in the summers since 1995.
• The disease claimed nearly 1,000 children between 2010 and 2014. It seemed to have become less virulent after 2014.

Study on AES

For example, a 2014 study by researchers from the Christian Medical College, Vellore, and the Centers for Disease Control and Prevention in Atlanta in the US showed how a combination of factors, unique to Muzaffarpur, sharpened the vulnerability of its children to the disease.

Litchi’s toxins – The district is a major litchi-growing region and the study found that toxins present in the fruit were a source of AES.

Malnutrition –

• But the fruit was a triggering factor only in the case of children who had not received proper nutrition, the study reported.
• It said that the toxins in the fruit assume lethal proportions when a poorly-nourished child eats litchis during the day and then goes to sleep without a proper meal.
• The links between the fruit and AES have been debated but most researchers agree that the disease affects only under-nourished children.

No Action by the state on report

However, the state government has not taken the cue from medical research. It does not have a special nutrition programme for AES-prone areas.

Poorly Equipped PHCs

• Medical literature has also shown that AES can be contained if the child is administered dextrose within four hours of onset of symptoms.
• But every AES outbreak in the past 10 years has shown that Muzaffarpur’s PHCs — the first point of healthcare for most AES patients — are ill-equipped to deal with the disease.
• Most of them do not have glucometers to monitor blood sugar levels.
• The Sri Krishna Medical College and Hospital, the designated hospital in Muzaffarpur to deal with the disease, do not have a virology lab or adequate number of paediatric beds

Role of Litchi

• In 2012-2013, a research shown that a toxin found in litchi fruit that was responsible for causing hypoglycaemic encephalopathy.
• In 2017, an India-U.S. team confirmed the role of the toxin called methylene cyclopropyl glycine (MCPG).
• Early morning, it is normal for blood sugar to dip after several hours of no food intake.
• Undernourished children who had gone to sleep without a meal at night develop hypoglycaemia.
• The brain needs normal levels of glucose in the blood. The liver is unable to supply the need.
• So the alternate pathway of glucose synthesis, called fatty acid oxidation, is turned on. That pathway is blocked by MCPG.
• Litchi does not cause any harm in well-nourished children, but only in undernourished children who had eaten litchi fruit the previous day and gone to bed on an empty stomach.

How is MCPG hazardous?

• The toxin acts in two ways to harm the brain and even cause death.
• Because of the toxin, the body’s natural mechanism to correct low blood glucose level is prevented thus leading to a drop in fuel supply to the brain.
• This leads to drowsiness, disorientation and even unconsciousness.
• When the toxin stops the fatty acid conversion into glucose midway, amino acids are released which are toxic to brain cells.
• The amino acids cause brain cells to swell resulting in brain oedema. As a result, children may suffer from convulsions, deepening coma and even death

Treatment for AES

• People suffering from encephalitis need to be treated urgently.
• Treatment may include antiviral medication, steroid injections among others to support the body, relieve the symptoms.
• Other treatment options are – bed rest, plenty of fluids, anti-inflammatory drugs to relieve the symptoms such as fever and headache.
• There is no cure for the disease. However, safe and effective vaccines are available to prevent encephalitis.
• Acute encephalitis syndrome (AES) in few districts of Bihar has so far claimed the lives of over 100 children.
• Most of the deaths have been attributed to low blood sugar level (hypoglycaemia).

Can hypoglycemic encephalopathy be treated?

• Yes, hypoglycaemic encephalopathy can be easily treated with infusing dextrose (a simple sugar that is made from corn and is chemically identical to glucose).
• Infusing 10% dextrose not only restores blood sugar to a safe level but also stops the production of amino acid that is toxic to brain cells by shutting down the body’s attempt to convert fatty acid into glucose.
• Together with dextrose infusion, infusing 3% saline solution helps in reducing oedema of the brain cells.
• The concentration of ions in the fluid outside the brain cells becomes more than what is inside the cell; this causes the fluid from the cells to come out thus reducing oedema and damage to brain cells.
• If dextrose infusion is not started within four hours after the onset of symptoms, the brain cells may not recover but will die.
• As a result, even if they survive, children suffer from various aspects of brain damage — speech getting affected, mental retardation, muscle stiffness/weakness and so forth.

What can be done to prevent this?

• By making sure that undernourished children do not eat plenty of litchi fruit.
• Ensuring that they eat some food and not go to bed on an empty stomach.

CONTEXT

• Following the submission of the draft National Education Policy 2019, there were protests against the three language formula.
• The controversial provision was thus revised by Dr Kasturirangan-led committee that submitted it.
• From the perspective of higher education, its main strength is that it has got its basics right — it appears to have a reasonable understanding of existing problems, and offers a plausible picture of possible solutions that may take us towards a better future. Indeed, the DNEP comes as a refreshing shock to academics long accustomed to policy documents that are rooted in a stubborn denial of basic ground realities.

Why a new education policy?

• The extant National Policy on Education, 1986 modified in 1992 required changes to meet the contemporary and futuristic needs of India’s large youth population.
• A New Education Policy is designed to meet the changing dynamics of the requirements in terms of quality education, innovation and research.
• The policy aims at making India a knowledge superpower by equipping students with the necessary skills and knowledge.
• It also focusses on eliminating the shortage of manpower in science, technology, academics and industry.
• The Draft Policy is built on the foundational pillars of Access, Equity, Quality, Affordability and Accountability.

Key features

• Ministry – The committee has proposed to rename the Ministry of Human Resource Development as Ministry of Education (MoE).
• Curriculum – In school education, a major reconfiguration of the curricular and pedagogical structure was proposed.
• The policy calls for Early Childhood Care and Education (ECCE) as an integral part of school education.
• A 5+3+3+4 curricular and pedagogical structure based on cognitive and socio-emotional developmental stages of children was proposed.

It consists of –

• 1. Foundational Stage (age 3-8 yrs): 3 years of pre-primary plus Grades 1-2
  2. Preparatory Stage (8-11 years): Grades 3-5
  3. Middle Stage (11-14 years): Grades 6-8
  4. Secondary Stage (14-18 years): Grades 9-12
• The policy also seeks to reduce the content load in the school education curriculum.
• There will be no hard separation of learning areas in terms of curricular, co-curricular or extracurricular areas.
• All subjects, including arts, music, crafts, sports, yoga, community service, etc will be part of the curricula.
• The policy promotes active pedagogy to focus on the development of core capacities and life skills, including 21st-century skills.
• RTE Act – The committee recommends Extension of Right to Education Act 2009 to cover children of ages 3 to 18 (currently, 6-14).
• Teacher education – The committee proposes for massive transformation in teacher education.
• It calls for shutting down sub-standard teacher education institutions.
• It proposes moving all teacher preparation/education programmes into large multidisciplinary universities/colleges.
• The 4-year integrated stage-specific B.Ed. the programme will eventually be the minimum degree qualification for teachers.
• Higher education – A restructuring of higher education institutions with three types of higher education institutions was proposed –

1. Type 1: Focused on world-class research and high-quality teaching
2. Type 2: Focused on high-quality teaching across disciplines with significant contribution to research
3. Type 3: High-quality teaching focused on undergraduate education

• This will be driven by two Missions -Mission Nalanda & Mission Takshashila.
• There will be re-structuring of Undergraduate programs such as BSc, BA, BCom, BVoc of 3 or 4 years duration and having multiple exits and entry options.
• Institution – A new apex body Rashtriya Shiksha Ayog is proposed.
• This is to enable a holistic and integrated implementation of all educational initiatives and programmatic interventions.
• The body will also coordinate efforts between the Centre and states.
• The National Research Foundation, an apex body, is proposed for creating a strong research culture.
• It will help build research capacity across higher education.
• The four functions of Standard Setting, Funding, Accreditation and Regulation will be separated and conducted by independent bodies.
• National Higher Education Regulatory Authority will be the only regulator for all higher education including professional education.
• The policy proposes to create an accreditation eco-system led by a revamped NAAC (National Assessment and Accreditation Council).
• Professional Standard Setting Bodies for each area of professional education was proposed.
• UGC is to be transformed into Higher Education Grants Commission (HEGC).
• The private and public institutions will be treated on par, and education will remain a ‘not for profit’ activity.
• Besides the above, the committee also recommended several new policy initiatives for –
  1. promoting the internationalization of higher education
  2. strengthening quality open and distance learning
  3. technology integration at all levels of education
  4. facilitating adult and lifelong learning
  5. enhancing the participation of under-represented groups
  6. eliminating gender, social category and regional gaps in education outcomes
• Language – Promotion of Indian and classical languages and setting up three new National Institutes for Pali, Persian and Prakrit were proposed.
• Indian Institute of Translation and Interpretation (IITI) has been recommended.
• The policy called for the proper implementation of the three-language formula (dating back to 1968) in schools across the country.
• Accordingly, students in Hindi-speaking states should learn a modern Indian language, apart from Hindi and English.
• In non-Hindi-speaking states, students will have to learn Hindi along with the regional language and English.
• The controversial three language provision was, however, dropped after protests against it in many states.

Significance of DEP

• The draft has diagnosed the problems plaguing the sector, besides providing solutions to problems right from the pre-school level to doctoral studies.
• It recognizes there is a severe learning crisis and emphasizes the need to focus on building a foundation for reading and arithmetics from Class I onwards. The Annual Status of Education Report (ASER), which says that 50% of Class V students were unable to even read the text meant for students three levels below, proves that Indian children have been lagging in basic learning and numeracy skills.
• The draft suggests that there should be dedicated arithmetic and reading hours every day in primary schools and advises introduction of specialized sessions to hone logical thinking and language skills.
• “The draft, for the first time, has rightly suggested solutions for early childhood and primary education. The focus on basic understanding of language and mathematics will help in improving the quality.
• Restructuring of the higher education system into Tier 1, Tier 2 and Tier 3.: Tier 1 includes research universities focusing equally on research and teaching, Tier 2 includes teaching universities focusing primarily on teaching; and Tier 3 includes colleges focusing only on teaching at undergraduate levels. All such institutions will gradually move towards full autonomy – academic, administrative, and financial. The idea is to spread ‘research culture’ at the undergraduate level.
• The policy also talks about National Scholarship Fund to financially support students for higher education.
• Promotion of classical and regional languages have been emphasised upon.
• The policy also proposes to increase the class of compulsory education up to grade 12 (age-18).
• The Right of Children to Free and Compulsory Education Act or Right to Education Act – RTE, 2009 (represents Article 21-A of the Indian Constitution) made education, a fundamental right of every child between the ages of 6 and 14.

Positives of proposals

1.Liberal and holistic – The most overarching is the acknowledgement that all education is, and ought to be envisioned as, “liberal” and holistic.

2. Public education – There is a strong re-affirmation of the state’s commitment to public education, much needed at a time when privatisation has seemed to be the overriding objective of governments.

3. Autonomy – Also welcome is the explicit assurance that institutional autonomy is not just a polite term for financial abandonment.

4. Ad- hoc and contractual appointments – Finally, the recognition that rampant resort to ad hoc and contractual appointments has crippled higher education and must be stopped immediately will surely bring relief to teachers’ organisations agitating tirelessly on this very issue.

5.Core Vision – The core vision based on a tripartite division of higher education into teaching universities, research universities, and optimally-sized multidisciplinary undergraduate colleges is sound.

6. National Research Foundation – The diagnoses and prescriptions for the key areas of governance and regulation are workable as initial starting points, as is the plan to create a National Research Foundation separate from regulatory bodies.

Issues in the Draft Policy

• There is less consensus on the integration of foundational learning with schooling. In Europe, compulsory education only begins at the age of 6. In certain countries like Denmark, Germany and Finland, compulsory education begins at the age of 7.
• There needs to be a discussion on whether literacy and numeracy skills should be developed during the time of foundational learning.
• In the draft policy, there is no mention of how the State regulatory body will regulate the government institutions.
• A constitutional amendment is required to change the limits for compulsory schooling in the country. Also, increasing the limit on higher side i.e. up to the age of 18 is not consistent with the limits across the world. Also, it is a very expensive proposition.
• There is not enough capacity in the country to provide for teachers’ education. Also, M.Ed has been given less importance under the policy. The focus has been more on B.Ed.
• The draft lacks operational details and does not offer insights into how the policy will be funded. The centre must also ensure that the policy does not face litigation, state resistance, and operational challenges on the ground.
• Discrimination and Exclusion –
• It is deeply disappointing that the DNEP has evaded this issue, with the question of Under-Represented Groups (URGs) making no appearance outside school education.
• Caste discrimination has long been an important issue in higher education and has received intense public attention in recent times, from Rohith Vemula to Payal Tadavi.
• Moreover, national statistics unambiguously establish that Persons with Disability and Muslims are by far the leading URGs in higher education.
• Protecting public higher educational institutions from undue governmental interference
• The proposed institutional framework for higher education — with the National Education Commission chaired by the prime minister at its apex — clearly implies even more governmental control with significantly higher levels of centralisation than what is already the case.
• The DNEP should have included — but does not — a forthright proposal for dealing with this unavoidable problem.

Way Forward

• Education is a concurrent list subject. Apart from a consensus between the centre and the states, all the other stakeholders including institutions, public and academicians should also be consulted.
• Natal and prenatal studies should also be included in the country’s education system to ensure awareness about the issues related to mother and infants, considering the high MMR and IMR in the country.
• There should be a course of Masters of Teacher Education. Also, there is a need to build good teacher training institutions.
• The education policy should maintain a symbiotic relationship between the different regions of the country through the study of different languages.
• The quality of education provided in the country shall be such that it not only delivers basic literacy and numeracy but also creates an analytical environment in the country.
• It does look forward-looking, but what the final draft needs to do is differentiate between deregulation and liberalisation. The incentive for the private sector to invest, grow and stand on quality parameters needs to be clearly articulated.

Nitrogen Pollution

• While nitrogen is the dominant gas in the atmosphere, it is inert and doesn’t react.
• However, when it is released as part of compounds from agriculture, sewage and biological waste, nitrogen is considered reactive.
• It may be polluting and even exert a potent greenhouse gas effect.
• Nitrous oxide (N2O) is 300 times more potent than carbon dioxide but isn’t as prevalent in the atmosphere.
• Other than air pollution, nitrogen is also linked to the loss of biodiversity, the pollution of rivers and seas, ozone depletion, health, economy, and livelihoods.
• Nitrogen pollution is caused, for example, by emissions from chemical fertilisers, livestock manure and burning fossil fuels.
• Gases such as ammonia (NH3) and nitrogen dioxide (NO2) contribute to poor air quality and can aggravate respiratory and heart conditions, leading to millions of premature deaths across the world.
• Nitrate from chemical fertilisers, manure and industry pollutes the rivers and seas, posing a health risk for humans, fish, coral and plant life.

Nitrogen: A limited necessity

• Nitrogen is essential to all life on Earth as it forms an important component of life-building and propagating biochemical molecules like proteins.
• But overuse in agriculture in the form of fertilisers and other fields have made this important element more bane than boon.
• Some of these forms of nitrogen like N₂O can have far reaching impacts for humanity.
• N₂O is 300 times more potent as a greenhouse gas than carbon dioxide (CO₂).

Nitrogen emission in India

• NOx emissions grew at 52% from 1991 to 2001 and 69% from 2001 to 2011 in India.
• Agriculture is the largest contributor to nitrogen emissions.
• Non-agricultural emissions of nitrogen oxides and nitrous oxide were growing rapidly, with sewage and fossil-fuel burning — for power, transport and industry — leading the trend.

Nitrogen: The “new carbon” for India

• In 2017, a large team of Indian scientists had come out with The Indian Nitrogen Assessment (INA).
• India had become the third country/entity after the United States and the European Union to have assessed the environmental impact of nitrogen on their respective regions comprehensively.
• The INA shows that agriculture is the main source of nitrogen pollution in India. Within agriculture, cereals pollute the most.
• Rice and wheat take up the maximum cropped area in India at 36.95 million hectares (ha) and 26.69 million ha respectively.

Overuse of Fertilizers

• India consumes 17 Mt (million tonnes) of nitrogen fertiliser annually as per the data of the Fertiliser Association of India.
• Only 33 per cent of the nitrogen that is applied to rice and wheat through fertilisers is taken up by the plants in the form of nitrates (NO₃). This is called Nitrogen Use Efficiency or NUE.
• The remaining 67 per cent remains in the soil and seeps into the surrounding environment, causing a cascade of environmental and health impacts.

India is curious about it

• The Indian government is leading a resolution on nitrogen pollution in the UNEA in Nairobi that starts from this March 11.
• This is a historic event as India has never pushed for a resolution of such importance at any UN congregation before.
• And this has happened because India can now leverage its own nitrogen assessment and its strong support to South Asian and other regional assessments with a more inclusive approach.
• This would lead a process for faster global consensus and a more realistic programme of action.

How Nitrogen turned into pollutant from nutrient how it is affecting health and environment?

• Nitrogen is an inert gas that’s necessary for life. But we’re changing it into forms that are harmful, overloading the environment with it, and throwing the natural nitrogen cycle out of whack.
• Nitrogen compounds running off farmland have led to water pollution problems around the world, while nitrogen emissions from industry, agriculture and vehicles make a big contribution to air pollution.
• Over 80% of the nitrogen in soil is not utilised by humans. While over four-fifths of the nitrogen is used to feed livestock, only about six per cent reaches humans in case of non-vegetarian diet, as compared to the 20% that reaches the plate of a vegetarian.
• Nitrogen becomes a pollutant when it escapes into the environment and reacts with other organic compounds. It is either released into the atmosphere, gets dissolved in water sources such as rivers, lakes or groundwater, or remains in the soil. While it might lead to favourable growth of species that can utilise this nutrient, nitrogen as a pollutant is often detrimental to the environment and health.

Effects on health:

According to the World Health Organization, nitrate-contaminated drinking water can cause reduced blood function, cancer and endemic goiters. Surplus inputs of nitrogen compounds have been found to cause soil acidification. The lowering pH, as a result of the acidification, can lead to nutrient disorders and increased toxicity in plants. It may also affect natural soil decomposition.

Nitrogen pollution has a significant impact on the environment:

• It creates of harmful algal blooms and dead zones in our waterways and oceans; the algae produce toxins which are harmful to human and aquatic organisms (and indirectly affects fisheries and biodiversity in coastal areas).
• Contamination of drinking water. 10 million people in Europe are potentially exposed to drinking water with nitrate concentrations above recommended levels. This can have an adverse effect on human health.
• Food Security: Excessive nitrogen fertiliser application contributes to soil nutrient depletion. As the world needs to feed an ever growing population loss of arable land is major global problem.
• The release of Nitrous Oxide is essentially a greenhouse gas which is harmful to the environment.

About South Asian Nitrogen Hub (SANH)

• The South Asian Nitrogen Hub (SANH) is a major international research programme to tackle the challenge that nitrogen pollution poses in South Asia.
• The SANH will be established with funding from UK Research and Innovation (UKRI) under its Global Challenges Research Fund (GCRF).
• 18 Indian research institutions are part of a group of 50 which have received £20 million funding from the United Kingdom Government.
• The SANH will study the impact of the different forms of pollution to form a coherent picture of the nitrogen cycle.
• In particular, it will look at nitrogen in agriculture in eight countries – India, Pakistan, Bangladesh, Nepal, Afghanistan, Sri Lanka, Bhutan and Maldives.
• Its recommendations will support cleaner and more profitable farming, as well as industrial recycling of nitrogen, fostering development of a cleaner circular economy for nitrogen.

What are the challenges ahead?

• Nitrogen is crucial to food production in India, however, its excessive usage in agriculture has put us under serious risk.
• We cannot produce sufficient food to feed the entire nation without nitrogen, but at the same time, we cannot keep releasing a higher amount of nitrogen due to its polluting effects.
• Thus the challenge is to optimally utilize the nitrogen while reducing its negative impacts.

What is the way forward?

• Since the issue of nitrogen pollution starts to gain global attention, there have been innovations seeks to improve its efficiency by optimizing usage.
• A simpler method of minimizing nitrogen application in soil is Precision farming where small quantities of nitrogen are administered routinely rather than applying large doses uniformly across the field.
• Zero Budget Natural Farming which involves usage of locally available materials such as cow dung and cow urine to increase soil productivity and plant growth.
• Also, tablets and coated forms of nitrogen, when applies at the root level = release nutrients slowly to the crops.
  • Notably, Bangladesh has managed to improve the efficiency of nutrient uptake by plants by applying fertilizers through tablets.
  • A similar initiative has been taken in India with neem-coated urea.
• These methods combined with the organic fertilizers and optimal timing of application, sowing, and watering, have shown marked improvement over traditional efficiencies of nitrogen.

Developed regions such as the US and Europe have published detailed reports regarding nitrogen usage and pollution. However, India is nowhere near aggregating something similar to its own. Thus the Nitrogen pollution is the problem of improper management rather than inability. The costs of abating nitrogen pollution would be much lesser than the benefits to health and the environment.

Model Code of Conduct

What is MCC?

These are the guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, election manifestos, processions and general conduct.

Aim: To ensure free and fair elections.

When it comes into force?

• The Model Code of Conduct comes into force immediately on announcement of the election schedule by the commission.
• Election Commission (EC) has announced that Model Code of Conduct comes into force immediately in states where legislative assemblies have been dissolved prematurely.
• The Code remains in force till the end of the electoral process.

Restrictions imposed under MCC

The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.

I. For Governments

• As soon as the code kicks in, the party in power whether at the Centre or in the States should ensure that it does not use its official position for campaigning.
• Hence, no policy, project or scheme can be announced that can influence the voting behaviour.
• The code also states that the ministers must not combine official visits with election work or use official machinery for the same.
• The ruling government cannot make any ad-hoc appointments in Government, Public Undertakings etc. which may influence the voters.
• Political parties or candidates can be criticised based only on their work record and no caste and communal sentiments can be used to lure voters.

II. For Political Parties

• The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
• The ruling party also cannot use government transport or machinery for campaigning.
• It should also ensure that public places such as maidans etc., for holding election meetings, and facilities like the use of helipads are provided to the opposition parties on the same terms and conditions on which they are used by the party in power.

III. Campaigning

• Holding public meetings during the 48-hour period before the hour fixed for the closing of the poll is also prohibited.
• The 48-hour period is known as “election silence”.
• The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote
• The issue of advertisement at the cost of public exchequer in the newspapers and other media is also considered an offence.
• Mosques, Churches, Temples or any other places of worship should not be used for election propaganda. Bribing, intimidating or impersonation of voters is also barred.

Importance of MCC

• • Despite the fact that it emerged as a moral code for voluntary adherence, over the years the MCC has acquired ‘supplementary legality’
  • Since the MCC itself does not have the force of law, it is enforced through executive decision-making.
  • It remains, therefore, ambiguous and uneven as far as the modality of implementation and certainty of execution, are concerned.
  • Since 1991, the Model Code has come to be seen as an integral part of elections.
  • It was also during this period that the MCC experienced its passage from an ‘agreed set of dos and don’ts’ among political parties, to a measure directed at restraining the party in power.
  • James Lyngdoh, the CEC of India from 2001 to 2004, describes this transition as ‘pitching into the party in power’.

Effects of Application of MCC

1. The present code contains guidelines for general conduct of political parties and candidates (no attack on private life, no appeal to communal feelings, discipline and decorum in meetings, processions, guidelines for party in power – official machinery and facilities not to be used for electioneering, prohibition against Ministers and other authorities in announcing grants, new schemes etc.).
2. Ministers and those holding public offices are not allowed to combine official visits with electioneering tours.
3. Issue of advertisements at the cost of public exchequer is prohibited.
4. Grants, new schemes / projects cannot be announced. Even the schemes that may have been announced before the MCC came into force, but that has not actually taken off in terms of implementation on field are also required to be put on hold.
5. It is through such restrictions that the advantage of being in power is blunted and the contestants get the opportunity to fight on more or less equal terms.

What if violated?

• The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual.
• Once a notice is issued, the person or party must reply in writing either accepting fault and tendering an unconditional apology or rebutting the allegation.
• In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist.
• However, in extreme cases, like a candidate using money/liquor to influence votes or trying to divide voters in the name of religion or caste, the ECI can also order registration of a criminal case under IPC or IT Act.
• In case of a hate speech, a complaint can be filed under the IPC and CrPC; there are laws against the misuse of a religious place for seeking votes, etc.

Using powers under Art. 324

• The Commission rarely resorts to punitive action to enforce MCC, there is one recent example when unabated violations forced EC’s hand.
• During the 2014 Lok Sabha polls, the EC had banned a leader and now party president from campaigning in order to prevent them from further vitiating the poll atmosphere with their speeches.
• The Commission resorted to its extraordinary powers under Article 324 of the Constitution to impose the ban.
• It was only lifted once the leaders apologised and promised to operate within the Code.

Legal status of conduct. In what way can the MCC be made more effective?

• The Model Code of Conduct does not a have a statutory backing and it is more a consensus driven code arrived at after consultation with all political parties to ensure free and fair elections and to see that the ruling party does not misuse its dominant position.
• The Parliamentary Standing Committee on Law and Justice recommended in its 2013 report that statutory status be accorded to the MCC.
• The committee held that most of the stipulations of the MCC are already contained in various laws and are therefore enforceable like the violation of secrecy of voting, causing enmity among communities, the prohibition of public meetings 48 hours prior to the conclusion of polls, besides other offences, are covered by the Representation of People Act, 1951.
• Besides, impersonation at voting, offering inducements to voters, or accepting gratification to do something they never intended, amount to bribery under the Indian Penal Code.
• On the basis of the above, the Standing Committee contends that the MCC as a whole could not be construed merely as voluntary in its application. Furthermore, since most of its provisions are enforceable, the remaining stipulations in the MCC should also be accorded statutory backing.
• Another reason for the above recommendation by the Standing Committee is the absence of an immediate appeal mechanism against the decision of the returning officer to cancel the nomination of a candidate. In this case, the decision can only be challenged in the High Court after the announcements of election results.

What if given Statutory Backing?

• Both the ECI and several independent experts, believe that giving statutory backing to the MCC would only make the job of the Commission more difficult.
• This is because every alleged offence will then have to go to an appropriate court, and right up to the Supreme Court.
• Given the flaws of our legal system, election petitions filed decades ago are still pending before many High Courts — it is anybody’s guess what that situation might lead to.

The logic against Legal status to MCC

1. The decision making power will go to the Judiciary and thus the swiftness, expedition and promptness in dealing with the cases of violation of MCC will be gone.
2. If the model code of conduct is converted into a law, this would mean that a complaint would lie to the police/Magistrate. The procedures involved in judicial proceedings being what they are, a decision on such complaints would most likely come only long after the election is completed.
3. The legal codification of these norms would be a potential nightmare, exposing the entire electoral process to needless litigation. The broad objectives of MCC are best achieved by oversight of an impartial election watchdog.

Way Forward

• In the past, successive ECIs have elicited compliance by public censure and invoking sections of the IPC and the Representation of the Peoples Act.
• Elections have become the site of unprecedented display of money, muscle and technology as power.
• Its concentration in any party gives it extraordinary and unfair advantage in electoral competition.
• The ECI must guard against ceding the space which it has extracted and affirmed by innovatively enhancing the residuary powers given to it in Article 324 of the Constitution of India.

What is Nyay

• This would be a flat transfer of ₹6,000 a month to identified poor households.
• There has been little word on how the Congress expects to finance NYAY.
• A ballpark estimate of the fiscal expenditure, to transfer ₹72,000 every year to the poorest 20% of the approximately 25 crore Indian households, would be ₹3.6 lakh crore.
• This is twice the estimated amount set aside for food subsidy and five times that for fertilizer subsidy in the 2019-20 Union Budget.

Prospects Of NYAY

• An unconditional transfer of a specified minimum income support to the poor will go a long way in helping address immediate needs related to health, education and indebtedness.
• A large section of the targeted poor would include landless workers and marginal farmers in rural areas, and unemployed youth in families engaged in menial labour in urban areas.
• Besides shoring up income to meet such basic needs and pushing wages upwards, the transfer scheme can help spur demand and consumption in rural areas in particular.

Challenges in the scheme

• There are disincentives inherent in the scheme as well.
• A section of the beneficiaries could withdraw themselves from employment.
• this could be mitigated by the expected overall spur in demand in the economy through consumption, and by the rise in real wages consequent to the shrinking of the labour market.

The idea of a minimum income guarantee (MIG) has caught up with political parties. With the promise of the Nyuntam Aay Yojana (NYAY) by the Congress party, it is clear that the MIG is going to be a major political issue for the coming general election.

What is MIG?

• A MIG requires the government to pay the targeted set of citizens a fixed amount of money on a regular basis.

Income guarantee schemes at present

• A limited version of the MIG in the form of the PM KISAN Yojana is already being implemented by the NDA government at the Centre.
• State governments in Odisha and Telangana have their own versions of the MIG.

Concerns regarding such income guarantee scheme

• Is there a case for additional spending of such a large sum on the poor? The answer is yes.
• Can government finances afford it? No.
• Even if the government can mobilise the required sum, is the scheme a good way of spending money on the poor? No.

The situation of the marginalised section

A.Situation of farmers

• Many landless labourers, agricultural workers and marginal farmers suffer from multi-dimensional poverty.
• Benefits of high economic growth during the last three decades have not percolated to these groups.
• Welfare schemes have also failed to bring them out of destitution.
• They have remained the poorest of Indians.

B.Workers

• Contract and informal sector workers in urban areas face a similar problem.
• Due to rapid mechanisation of low-skill jobs in the construction and retail sectors, employment prospects for them appear increasingly dismal.

Problems faced by the marginalised section

• These groups are forced to borrow from moneylenders and adhatiyas (middlemen) at usurious rates of 24-60% per annum.
• For instance, for marginal and small farmers, institutional lending accounts for only about 30% of their total borrowing.
• The corresponding figure for landless agricultural workers is even worse at 15%.

The relevance of Additional Government spending

• There is a strong case for direct income transfers to these groups.
• The additional income can reduce their indebtedness and help them get by without falling into the clutches of the moneylender.

Constraints due to limited finances

• However, the fiscal space is limited.
• No government can afford it unless several existing welfare schemes are converted into direct income transfers, or the fiscal deficit is allowed to shoot up way above its existing level, 3.4% the GDP.

Effects of income guarantee

1. Positives

A.On Poverty–

• On the one hand, income transfers will surely reduce income inequalities and help bring a large number of households out of the poverty trap or prevent them from falling into it in the event of shocks such as illness or death of an earner.
• The poor spend most of their income, and a boost in their income will provide a boost to economic activities by increasing overall demand.

B. On workers

• In principle, the income supplement can come in handy as interest-free working capital for several categories of beneficiaries such as fruit and vegetable vendors and small artisans, and promote their businesses and employment.

C. On health and education

• Studies show that even a small income supplement can improve nutrient intake at high levels of impoverishment.
• Besides, it can increase school attendance for students coming from poor households.
• This would mean improved health and educational outcomes, which in turn will make the working population more productive.
• Moreover, with a modest income support the risk of beneficiaries opting out of the workforce will also be small.
• Besides, a moderate income support can be extended to a larger set of poor households. For the lowest 40% (about 10 crore households), income is less than their consumption expenditure.

2.Negatives-

• On the other hand, large income transfers can be inflationary, which will hurt the poor more than the rich.
• At the same time, large cash transfers can result in withdrawal of beneficiaries from the labour force.
• A MIG can also provide legitimacy to the state’s withdrawal of provisions of the basic services.

Identifying beneficiaries

• The SECC along with the Agriculture Census of 2015-16 can help identify a larger set of poor based on verifiable criteria; namely, multidimensional poverty, landlessness and the marginal farmer.
• Together, these criteria cover the bottom 40%, approximately 10 crore households.
• Drawing upon the experiences with the poor-centric welfare schemes such as MNREGA, Saubhagya and Ujjwala and PM-KISAN, datasets can be prepared and used to update the list of needy households.
• For these 10 crore households, to start with, the scheme will require ₹1.5 lakh crore per annum.
• Nonetheless, the required amount is beyond the Centre’s fiscal capacity at the moment.
• Therefore, the cost will have to be shared by the States. Still the scheme would have to be rolled out in phases, as was done for MGNREGA.

Way Forward

• All considered, no income transfer scheme can be a substitute for universal basic services
• The direct income support to the poor can deliver the intended benefits only if it comes as a supplement to the public services such as primary health and education.
• This means that direct transfers should not be at the expense of public services for primary health and education.
• Moreover, universal health and life insurance are equally important, and so is the case with crop insurance.
• Each year, medical shocks and crop failures push many families into the poverty trap.
• The scope of Ayushman Bharat needs to be expanded to include outdoor patient treatments. The PM Fasal Bima Yojana can be made more comprehensive by providing free and wider insurance coverage.

CONTEXT

India has tested the Anti-Satellite System(A-SAT) from Dr A P J Abdul Kalam Island, formerly known as Wheeler Island, an island off the coast of Odisha.

• The test was named as Mission Shakti.
• It has successfully destroyed a live satellite in the Low Earth Orbit(an altitude of 300 km).
• With this test India is now in the league of three countries after the U.S., Russia, and China to have such technology.

What Is ASAT?

• It is missile-based system to attack moving satellites.
• It is of 2 kinds— based on launching from the ground or from planes.
• Defence Research and Development Organisation (DRDO) has -developed Anti-satellite (ASAT)completely indigenously.

Mission Shakti

• While Mission Shakti may have targeted an object in outer space, India has long developed the ability to intercept incoming missiles.
• In 2011, a modified Prithvi missile mimicked the trajectory of a ballistic missile with a 600-km range.
• The DRDO-developed Ballistic Missile Defence (BMD) Interceptor Missile successfully engaged an Indian orbiting target satellite in Low Earth Orbit (LEO) in a ‘Hit to Kill’ mode.
• The interceptor missile was a three-stage missile with two solid rocket boosters.

What are low earth orbit satellites?

• The Indian satellite that was shot down was a Low Earth Orbit (LEO) satellite.
• These are satellites roughly at an altitude of 2,000 kilometres from the earth and that’s the region where the majority of satellites are concentrated.

ASAT through history

• ASAT is the technological capability to hit and destroy satellites in space through missiles launched from the ground.
• ASAT weapon systems have a long history and were a product of the Cold War hostilities between the United States and the Soviet Union.
• They came back into popular currency after China conducted an anti-satellite missile test on Jan 2007.
• The target was a Chinese weather satellite — the FY-1C – that sailed at an altitude of 865 km. (537 mi).
• A year later, the US launched ‘Operation Burnt Frost,’ the code name to intercept and destroy a non-functioning satellite named USA-193.

Why target satellites?

• Satellites are extremely critical infrastructure of any country these days. A large number of crucial applications are now satellite-based.
• These include navigation systems, communication networks, broadcasting, banking systems, stock markets, weather forecasting, disaster management, and military applications etc.
• Destroying a satellite would render these applications useless.
• It can cripple enemy infrastructure, and bring it down on knees, without causing any threat to human lives.

The Significance of the test

• Ministry of External Affairs describes it as a ‘credible deterrence’ against attacks on India’s growing number of space assets.
• Although only three other countries, the U.S., Russia, and China, have previously demonstrated this capability, it is possible to surmise that countries with long-range missiles could do the same with equal effectiveness.
• But India, surely, is staking a forward claim as a space weapons power.

1. A message to the world

• While the government has conceded that India has long had ASAT capabilities, this is the country’s first demonstration to the world.
• It has shown that it is capable of bringing down a satellite, and disrupting communication.
• Because the test was carried out on a satellite placed in the low-earth orbit, one might question whether India can hit any satellite.
• Targeting satellites in the higher orbits, however, is only a matter of scale of powering the rockets enough to go deeper in the space.

2. It might propel Arms Race in the neighbourhood

• This might lead to its none-too-friendly neighbour Pakistan into a competitive frenzy.
• Also, in the absence of a credible threat to India’s space assets from China or any other country with Anti-Satellite missile capabilities, whether the ‘deterrence’ sought to be achieved by this test would lead to a more stable strategic security environment is not certain.

3.Concerns with the timing of test and elections

• But, within India, the timing of the test, when the country is already in election mode, does raise concerns whether this was aimed at the domestic constituency.
• The Election Commission is now seized of the question whether the Prime Minister might have violated the Model Code of Conduct.
• If it does find the timing amiss, the government could be in for some serious embarrassment.

4.The problem of space debris

• Anything launched into the space remains in space, almost forever, unless it is specifically brought down or slowly disintegrates over decades or centuries.
• Satellites that are past their life and are no longer required also remain in space, orbiting aimlessly in some orbit.
• According to the NASA, there were 19,137 man-made objects in space that were large enough to be tracked.
• These included active and inactive satellites, rockets and their parts, and other small fragments.
• A satellite that is destroyed by a missile disintegrates into small pieces, and adds to the space debris.
• The threat from the space debris is that it could collide with the operational satellites and render them dysfunctional.

Outer Space Treaty of 1967

• The Outer Space Treaty, to which India is a signatory, prohibits countries from placing into orbit around the Earth “any objects carrying nuclear weapons or any other kinds of weapons of mass destruction”.
• Among its principles, it bars states party to the treaty from placing weapons of mass destruction in Earth orbit, installing them on the Moon or any other celestial body, or otherwise stationing them in outer space.
• The moon and other celestial bodies shall be used by all state parties to the treaty exclusively for peaceful purposes, says the treaty.

Indian stance on Claims Of violating Space Treaty

• There are at least four more multilateral treaties that deal with specific concepts agreed to in the Outer Space Treaty. None of these, however, prohibits the kind of test that India carried.
• India believes in peaceful use of the common outer space that belongs to humanity.
• India is not in violation of any international law or treaty to which it is a party or any national obligation.
• The MEA said the A-SAT test was not directed against any country and that India plans to play a role in future in drafting global laws on prevention of arms race in outer space.
• As is mandatory for any missile test, India did issue a Notice to Airmen (NOTAM) to airline authorities across the world informing them about an impending missile test.
• MEA reiterated India’s support of Prevention of an Arms Race in Outer Space (PAROS) in the Conference on Disarmament “where it has been on the agenda since 1982.

Present global space architecture

• There is no global regulatory regime to address the growing militarisation in space.
• Last year, at the UN Disarmament Commission, India expressed concern about the “weaponisation” of outer space, and sought collective action to secure space-based assets.
• In this regulatory vacuum, India has legitimate reasons to develop deterrence for the security of its space-based assets.

Need For formulating Space Programme

• India is assiduously putting in place a space military architecture.
• That is precisely why the government should articulate much more clearly the doctrinal aspects of the space programme, as well as the deterrence sought to be achieved by it.
• India must communicate its peaceful intentions just as it showcases its capabilities, so as to contribute to a better understanding among countries it hopes to deter and thereby reduce the chances of wrong inferences being drawn in crisis situations.
• After all, missiles are but one aspect of space warfare.
• There are other, less visible but equally effective methods to incapacitate satellites that are being developed and are of equally serious concern.

Context:

• Recently, opposition parties discussed future course of action on the issue of alleged tampering of EVMs. They raised their concern regarding EVMs with Election Commission.
• Credibility of EVMs were questioned in the previous General elections of Parliament and State Assemblies.

About:

Out of 120 democratic countries only 25 have experimented with or used electronic voting machines to elect their governments. It indicates that EVM is not a dominant choice globally for recording votes in elections.

Background:

• India is the world leader in the use of EVMs.
• The Election Commission has been conducting all elections through EVMs since 2001.
• The Indian EVM is a direct recording device, which is a stand-alone machine.
• The Election Commission has clarified several times that Indian EVMs don’t talk to any machine outside its own system – be it through wired network, internet, satellite, and WiFi or bluetooth.
• The EVM is not connected to server, so cyber hacking of Indian EVMs is not possible unless an authorised person acts with malafide intention.
• In 2014, a whopping 55.38 crore people cast their votes in EVMs in the parliamentary elections.

Arguments that are in favour of Paper Ballot

Following arguments question the EVM system and support Paper ballot.

• We invariably come across reports of malfunctioning EVMs.
• The only way an EVM can be tampered with is by physically opening it up and replacing the chipset inside it. The chipset used is non-reprogrammable and data is ‘burnt’ into the device. So, today it is possible to replace the chip if we have access to EVMs
• On the VVPAT (voter verifiable paper audit trail) front too, there are reports of malfunctioning. Also, as per the rules, paper ballots and VVPAT machines are not counted until the Returning Officer asks for it.
• The outcome of the recent Uttar Pradesh civic polls suggests that tampering could be happening.
• Oldest democracy, US, still uses paper ballot system for the presidential elections as Americans feel safer in using paper ballots as compared to electronic voting machines.

However, there are problems with paper ballot.

• Transporting them and guarding them is a problem.
• Ballot boxes can be captured.

Arguments in support of significance of EVMs

• EVMs led to a significant decline in electoral fraud, particularly in politically sensitive States as rigging elections became extremely expensive.
• Research has shown a link between luminosity and growth rate, suggesting that EVMs contribute to development.
• EVMs empowered those from the weaker sections of society who were victims of political or electoral violence. In particular, women, lower castes, and those less educated were more likely to participate in the electoral process when EVMs were used.
• EVMs made the electoral process more competitive.
• There has been a significant decline in the incidence of re-election, and winning margins have reduced dramatically.

However, this does not imply that we lower our guards. The very idea of democracy is based on trust and belief in the fairness of the electoral process where the losing party lives to fight another day. Any erosion of this trust and belief would be an irreversible process with an uncertain outcome.

EVM challenge: Forensic Lab test for EVMs

• Throughout these years, the Election Commission has denied all the claims of EVM tampering and in 2017, it got a scientific proof to back up its claim.
• In May, the Bombay High Court had ordered an examination of EVMs from the ‘Parvati constituency in Pune’.
• The order was issued to rule out tampering during elections to Maharashtra legislative assembly in 2014.
• One control unit, one ballot unit and two batteries were sent to the lab. An EVM comprises a control unit and a ballot unit.
• As per the report received from the lab, the machine is a stand-alone, non-networked, one-time programmable unit, which is neither computer controlled externally nor could be connected internally or to any network.
• The report was made public after being submitted to the high court.
• The Election Commission had also thrown open EVM hackathon challenge to prove that the machines are incorruptible. But no political party showed interest.

How the world has dealt with EVMs:

USA: 

• The US is the oldest modern democracy in the world but it does not have a uniform voting system.
• Several states continue to use ballot papers, while others have shifted to electronic voting.
• A critical point in electronic voting experiment in the US has been that its voting machines are connected to a server and operate using the internet. This makes them vulnerable to cyber-attacks.
• In the last presidential election, some invisible Russian hand was suspected in influencing voters’ choice.

Germany:

• Electronic voting was introduced in 2005 in the largest democracy of Europe.
• Germany imported voting machines to conduct its elections from a private company in the Netherlands.
• The machines were later reported to have several layers of deficiencies.
• In 2009, the Federal Constitutional Court of Germany held that the use of electronic voting machines in elections was unconstitutional and observed that such a practice lacked transparency.

Estonia:

• Became the first country to enact a law making electronic voting using the internet mandatory in 2005.
• Estonia claims to have conducted the first internet-based national election in 2007. It went for three days.

Latin America:  

• Brazil and Venezuela have been using electronic voting on a large scale quite successfully.

Voter Verified Paper Audit Trail (VVPAT)

• • Following a PIL by Subramanian Swamy, Supreme Court asked EC to introduce VVPAT.
  • VVPAT is a slip generated in a printer-like a machine attached to EVM and flashes voter’s choice of candidate and party. Generated slip is shown for a few seconds to the voter to cross check before it falls into a sealed drop box which can be opened during counting. Under VVPATs, initially, election results are announced based on the recording of votes given by EVMs. If the election results are disputed, then the votes recorded under Paper Trail System shall be counted and announced. If there is any discrepancy between the two results, then the result given by VVPAT will prevail over the EVMs.
  • The Supreme Court has supported the EC endeavour to use VVPATs in a phased manner to usher in more transparency in voting.

When the solution became the problem: The controversy over failing VVPATs –

• Reports emerged of large-scale malfunctioning of the voter-verifiable paper audit trail machines during by-elections to four Lok Sabha and ten State Assembly seats.
• The malfunctioning was so widespread that the Election Commission ordered re-polls in 73 booths of the Kairana parliamentary constituency in Uttar Pradesh, 49 booths in the Maharashtra seat of Bhandara-Gondiya and one booth in the Nagaland Lok Sabha seat.
• The chief election commissioner blamed the malfunction of the VVPAT machines on excessively hot weather and exposure of sensors to light.
• This is rather worrying, because when the trials for VVPATs were conducted in 2011 and 2012, they were subjected to extreme weather conditions.
• The second reason provided by the CEC—the inexperience of the staff, who were handling these machines for the first time—seems more plausible.
• It is important to mention that it was precisely to remove the last remnants of doubts regarding EVMs that VVPAT machines were introduced, after an all-party meeting in 2010.
• In fact, in 2013, the Supreme Court of India appreciated the EC’s initiative to introduce VVPATs and directed the government to provide adequate funds for the same.
• However, the government delayed sanctioning the funds for over three years, which has almost jeopardised the production of the required number of VVPAT machines to fulfil the EC’s commitment last year in an affidavit to the Supreme Court that it would provide the machines at every polling station during the 2019 general election.

Corrective measures taken by EC:

• The new VVPATs are to have sensors with hoods over them to protect from direct exposure to light.
• Humidity resistant paper will be obtained for use in humid areas. The decision was made by the Electronics Corporation of India, one of the two state-owned companies that manufacture VVPATs.

Conclusion

The EC’s role in ensuring the people’s faith in democracy is paramount. The loss of public faith in democracy and its protector institutions spells nothing but disaster. But one must have no doubt that EVMs have made India the proud global leader in the field of elections. After the introduction of VVPATs, our system is now full proof.

NITI Aayog –CRITICAL ANALYSIS

Introduction:

• The Government had replaced Planning Commission with institution NITI Aayog (National Institution for Transforming India).  The reason had mentioned that specific to the planning process, there is a need to separate as well as energize the distinct ‘process’ of governance from the ‘strategy’ of governance.
• An important evolutionary change from the past will be replacing a centre-to-state one-way flow of policy by a genuine and continuing partnership with the states.  
• The institution must have the necessary resources, knowledge, skills and, ability to act with speed to provide the strategic policy vision for the government as well as deal with contingent issues.

Background

Objectives and Opportunities

NITI Aayog will aim to accomplish the following objectives and opportunities:

• An administration paradigm in which the Government is an “enabler” rather than a “provider of first and last resort.”
• Progress from “food security” to focus on a mix of agricultural production, as well as actual returns that farmers get from their produce.
• Ensure that India is an active player in the debates and deliberations on the global commons.
• Ensure that the economically vibrant middle-class remains engaged, and its potential is fully realized.
• Leverage India’s pool of entrepreneurial, scientific and intellectual human capital.
• Incorporate the significant geo-economic and geo-political strength of the Non-Resident Indian Community.
• Use urbanization as an opportunity to create a wholesome and secure habitat through the use of modern technology.
• Use technology to reduce opacity and potential for misadventures in governance.

Structure and Composition of NITI Aayog

Arguments that support NITI Aayog relevance:

• The NITI Aayog was formed to bring fresh ideas to the government. Its first mandate is to act as a think tank.
• It can be visualised as a funnel through which new and innovative ideas come from all possible sources — industry, academia, civil society or foreign specialists — and flow into the government system for implementation.
• Initiatives like Ayushmaan Bharat, our approach towards artificial intelligence and water conservation measures, and the draft bill to establish the National Medical Commission to replace the Medical Council of India have all been conceptualised in NITI Aayog, and are being taken forward by the respective Ministries.
• Acted as an Action Tank:
  • NITI Aayog acted as an action tank rather than just a think tank. By collecting fresh ideas and sharing them with the Central and State governments, it pushes frontiers and ensures that there is no inertia, which is quite natural in any organisation or institution.
• NITI Aayog also works to cut across the silos within the government. For example, India still has the largest number of malnourished children in the world. NITI Aayog is best placed to achieve this convergence and push the agenda forward in the form of POSHAAN ABHIYAAN.
• NITI Aayog is also bringing about a greater level of accountability in the system.
  • • NITI Aayog has established a Development Monitoring and Evaluation Office which collects data on the performance of various Ministries on a real-time basis. The data are then used at the highest policymaking levels to establish accountability and improve performance.
    • This performance- and outcome-based real-time monitoring and evaluation of government work can have a significant impact on improving the efficiency of governance.
• Using such data, it has also come up with performance-based rankings of States across various verticals to foster a spirit of competitive federalism.
• NITI Aayog plays an important role in being the States’ representative in Delhi, and facilitate direct interactions with the line ministries, which can address issues in a relatively shorter time.

 Improving innovation:

• The Atal Innovation Mission, which is also established under NITI Aayog, has already done commendable work in improving the innovation ecosystem in India.
• It has established more than 1,500 Atal Tinkering Labs in schools across the country and this number is expected to go up to 5,000 by March 2019.
• It has also set up 20 Atal Incubation Centres for encouraging young innovators and start-ups.

Arguments against for the NITI Aayog:

• NITI Aayog cannot transform a deeply unequal society into a modern economy that ensures the welfare of all its citizens, irrespective of their social identity.
• It has no role in influencing public or private investment.
• It does not seem to have an influence in policymaking with long-term consequences. For instance, demonetisation and the Goods and Services Tax.
• If it is a think-tank, it has to maintain a respectable intellectual distance from the Govt. of the day.
• Instead, we see uncritical praise of the Govt-sponsored schemes/programmes.
• It is not able to answer specific questions like, why 90% are working in the unorganised sector? and more over as on date, more and more informalisation is taking place in the organised sector.
• Labour force participation rate of women is also declining, when neighbours like Bangladesh are registering an increase.
• NITI Aayog is supposed to be a think tank. This implies that while generating new ideas, it maintains a respectable intellectual distance from the government of the day.

Some of the Questions need to be answered:

• How can a country like India transform itself with new ideas and strategies if it doesn’t have a paradigm of planning for development? How can it lift its poor?
• How can we ensure that every working member of the Indian population has a decent job with at least a minimum wage and social/employment security? 
• Why doesn’t it occur to the political leadership to ask why more than 90% of those in the workforce slog in the unorganised sector in small farms and tiny non-farm establishments with two-thirds of the total being working poor?
• Why don’t they ask why more than half the workers in the organised sector end up as ‘insecure’ or ‘informal’ labour?
• Why is the labour force participation rate of women so low and declining when neighbours like Bangladesh have registered an increasing trend?
• Why do the Dalits and Adivasis continue to be at the bottom of the ladder in every conceivable social and economic indicator of well-being?
• Why do regional, gender and other inequalities based on social identity keep increasing?

 Way Forward:

• If NITI Aayog is to implement such a strategy within a planning framework in India, two major changes in governance structures are needed.
• First, planning will have to become more decentralised, but within a five-year plan framework.
• Second, the bureaucracy will need to change from generalist to specialist, and its accountability will have to be based on outcomes achieved, not inputs or funds spent.
• NITI Aayog should spell out how these reforms will be implemented.
• If it succeeds, NITI Aayog could emerge as an agent of change over time and contribute to the government’s agenda of improving governance and implementing innovative measures for better delivery of public services.
• With its unique and vibrant work culture, NITI Aayog remains an integral and relevant component of the government’s plans to put in place an efficient, transparent, innovative and accountable governance system in the country.