Safeguarding Liberty Against Mobilised Violence

The Bulandshahr incident of December 2018 bears all the hallmarks of mobilised violence: an undisguised political purpose, backing from well-organised groups, and a disregard for the lives of civilians and police personnel alike. In addition to the loss of life and property, such violence undermines a state of liberty in the country. For the violence is often directed against a diversity of opinions, be it on grounds of religion, language, eating habits, caste, or any of the other aspects of our lives that set us apart from each other and that form the basis for our richly plural society. The principle of liberty requires us to respect these differences and to let individuals determine for themselves the way they want to live. Mobilised violence strikes against this principle. It prevents individuals from expressing themselves in the present through brute force and creates a chilling effect that prevents more expression in the future for fear of reprisal. This erosion of liberty leaves our society poorer.Any intervention to alter this status quo will not be an easy one. The change that is most needed is an enlightened citizenry, one that respects the liberty of others. After all, every individual acting as part of a mob has a choice to not engage in violence. We must move towards a society where more individuals make the right decision when faced with this choice.Read more

Token Security or Tokenized Security

There is a need to protect the data belonging to individuals in these situations, providing the government with two possible policy options: it can choose to either overhaul the Aadhaar architecture completely, or it can build in additional security measures to ensure that individual data is not compromised.

Uninventing Aadhaar is not a practical proposal. It would have to include repealing the statute on Aadhaar, disbanding the database already created, and figuring out alternative means of delivering the services that are now dependent on Aadhaar. A more sustainable way forward is to better secure Aadhaar. This will involve not only the secure collection and storage of personal data but also a safe regulation of the manner in which third parties use it for authentication.

Read more here.

What the GDPR Means for India

As the GDPR seeks to protect data users in Europe (and regions where the EU laws apply), it might not really make a difference to data users in India. However, this law extends to both citizens as well as non-citizens within the boundaries of the continent. So, if you have plans to travel to Europe, you have the added advantage of being covered by the protections under the GDPR as soon as you land there.On the other hand, the GDPR requires companies all over the world to comply with its provisions if they provide any goods or services anywhere in Europe, or in any manner monitor the behaviour of any individuals in Europe. This means that some Indian sectors such as information technology, the outsourcing industry, and pharmaceuticals might be hit by the GDPR. As the penalty for a contravention is up to 4% of the annual turnover of the company, this is not a trivial obligation for affected Indian data controllers.

However, the biggest impact of the GDPR for India is probably the indirect or the persuasive impact.

Read more here.

The Unique Challenge of a Data Protection Law

We started this Brainstorm still reeling from the sweet rush of the Supreme Court decision declaring privacy as a fundamental right in India. This was followed by the encouraging news of an Expert Committee working on a new data protection law. Things seemed to be moving in the right direction: individuals would be vested with certain rights with respect to their data, and there would be certainty in terms of what data collectors could and could not do with this data. But the past few months have shown that this is no easy task.One of the objectives of any law is to legislate for the future: to ensure that the law is durable and stands the test of time. With data protection, we are witnessing a situation where our needs are in the present and there is no guarantee that they will remain the same in the future. We are grappling with defining the problems we face and brainstorming about possible solutions at the same time, with understandably mediocre results.Take the ongoing Aadhaar case in the Supreme Court and the recent revelations of the data harvesting from Facebook by Cambridge Analytica. There is an urgent need for clarity on both fronts, and yet, none is likely to be available anytime soon. These two cases reflect several of the challenges highlighted by our participants over the past few months of our discussion. They showcase the fragility of consent in the data-rich world of today. They show that the scope for data protection is vast and there are people from all walks of life who will be affected by it. They stress the need to equip individuals with rights to their data that they can understand and exercise. And enveloping all this is the realisation that any regulation of the field must not be dogmatic and rigid, but instead be in the form of an enabling institution that endures.Read more here.

The Devil in the Details

A week ago, the Justice Srikrishna Committee released a draft Personal Data Protection Bill and a Report to go with it. This is another step in the progress that has been made in the past year to create a data protection framework for India. It started with the Supreme Court judgement that recognised privacy as a fundamental right. This was followed by the constitution of the Justice Srikrishna Committee, the release of a White Paper, and public consultations on the recommendations made under it.The Bill and the Report, which had been expected for the better part of six months, have already attracted a flurry of critical commentary. While there are elements of these documents which are welcome, there are also serious concerns that require further attention.One of the positive aspects of the proposed law is its attention to detail. It is comprehensive and ticks most of the boxes that a data protection law ought to have. It vests individuals with certain rights with respect to their personal data, imposes obligations on entities that collect and process such data, and envisages a regulatory infrastructure that is supposed to facilitate the ecosystem within which data is collected, processed, and transferred. The Bill is also applicable to State entities, which is an upgrade over the status quo.Read more here.

We Live in Multiple Neighbourhoods

2018 was the year when India looked beyond Pakistan and South Asia. Let 2019 be the year when India reimagines itself as an important node in several neighbourhoods.Read the full article on Pragati here.

All Roads Lead to the Middle Kingdom

In January 2017, Chinese President Xi Jinping stood at the podium in Davos defending economic globalisation. He argued that the world needed to “adapt to and guide economic globalisation, cushion its negative impact, and deliver its benefits to all countries and all nations.” And in this process, “China’s development is an opportunity for the world.” All of this was, of course, in the backdrop of the beginning of Donald Trump’s presidency in the US.Addressing deputies at the National People’s Congress in March 2018, Xi doubled down on that message: "China will contribute more Chinese wisdom, Chinese solutions, and Chinese strength to the world, to push for building an open, inclusive, clean, and beautiful world that enjoys lasting peace, universal security, and common prosperity. Let the sunshine of a community with a shared future for humanity illuminate the world!"Both of those speeches reflected strength. The essential message they conveyed was that the world needed China. And under Xi, China now was surer about its destiny and keener than ever to play a larger international role. Yet as 2018 unfolded, this narrative came under severe strain. To assess how, we need to look at three dimensions: Xi’s status as the core of the Communist Party, the pushback against BRI, and the deepening competition with the US. It is the interplay of these three that is shaping China’s future.Read More...

The Economic Agenda for 2019

The focus has to be on reforming PSU Banks and managing the fiscal situation both at centre and states.The fiscal situation in the country continues to be under severe strain, and with the impending general election, there is a severe danger of setting the clock back. The finance minister has continued to assert that the fiscal deficit target for the year will be complied with. The GST collections have lagged the budget estimates. The government will minimise the shortfall by claiming undistributed collection of cesses and IGST. There will also be additional allocations needed for Ayushman Bharat, additional food subsidy bill due to higher minimum support prices, more funds may be injected to Air India and additional provision may have to be made for MGNREGA.The fiscal situation of the states is likely to turn fragile. The farm loan waiver poses the greatest risk to fiscal consolidation. As the states have to seek the permission of the Centre to borrow, limiting their borrowing to conform to FRBM limits will crowd out capital expenditures which will have adverse effects on growth. Already, there is additional outgo on account of UDAY, and escalation in subsidies and transfers is the last thing that is needed now.Read the full article on The Financial Express here. 

Soft Power Is Not Power

‘Soft power’ is overrated. In India, it is over-celebrated too. The idea enjoys support across the political spectrum: Shashi Tharoor is an articulate proponent, and so is Venkaiah Naidu. Everything from Indian films, cricket, cuisine, yoga, spirituality, and the insufferable television soap operas are claimed to be elements of India’s soft power.After all the self-congratulation is done with, there’s little empirical evidence to show that all these things actually constitute some form of ‘power’; and if they do, that India can do something with it.Indeed, if soft power were something, the governments of our immediate neighbours ought to have been favourably inclined towards us. After all, on a per capita basis, it is perhaps the people of Nepal, Bhutan, Bangladesh, Sri Lanka, Maldives, and Pakistan who are the foreign consumers of India’s cultural exports. Yet, even if they like Indian films, music, and celebrities, popular attitudes and their governmental policies towards India are not reflective of that warmth. Further afield, the richer states of the Arabian Gulf and South East Asia might well watch our films and dance to our music but have a condescending view of Indians and India. For all the praise of our soft power, its effect is negligible in the manner in which foreign countries vote on important national issues.Read more

India needs an action plan after US troops leave Afghanistan

Donald Trump is under heavy criticism for ordering a withdrawal of US troops from Syria and Afghanistan. Whatever you might say about the manner in which he made and announced his decisions, on Afghanistan at least, he is not wrong.If you look at it from an American perspective, it’s hard to explain why US troops are still in Afghanistan. Bin Laden is done, al-Qaeda has been nearly decimated, and an Afghan government the US midwife has been in power for several years now. The government controls only around 60 per cent of the country and the Taliban have been growing stronger over the past couple of years. The cultivation and export of narcotics have also been growing.No one, however, can credibly argue that if the US continues to remain in the country, the security situation will improve in the next three, five, or ten years. After 17 years, hundreds of lives lost, over a trillion dollars already spent, and an annual budget of hundreds of billions of dollars, the question is whether the cost of staying is worth the benefits. It is reasonable for a thoughtful American to conclude that now is a better time to pull troops out of Afghanistan than later.Read more

A Late Thanksgiving for Turkey

Over the last few months, after winning a closely-fought election, Recep Tayyip Erdogan has successfully manoeuvred Turkey into a position of influence by smartly using the cards he has been dealt. On the other hand, the country’s economy is almost certainly on the brink of recession because of his mismanagement. In the aftermath of Donald Trump’s announcement of an imminent withdrawal of US troops from Syria, it’s worth taking a step back to understand the geopolitical hurricane that Turkey is now in the eye of, and what its next move might be. Read more here:https://www.thinkpragati.com/world/6561/a-late-thanksgiving-for-turkey/

Indian Army must work on inducting women in combat roles

The presence of women in combat roles is a matter of mindset, and what better place to change it than the Indian Army?The issue for the Army to ponder is not whether women can be inducted into combat roles, but how to make it happen. Otherwise, it is a matter of time before India’s legal system forces the Army’s hand. It has already done so in the case of granting a permanent commission to women. Moreover, the IAF has already inducted three women fighter pilots and the Indian Navy recently confirmed that induction of women as sailors was under consideration.Arguably, the field conditions in the Army are much more rugged and proximity to comrades and adversary poses greater challenges. But the point is that if women volunteer despite these challenges, the Army should not resist. The cultural argument put forward by the Chief of the Army Staff (COAS) that the rank and file, who are mostly of rural origin, may not be ready to accept a woman as their officer could be true but is surely not an immutable condition.Read more here:https://theprint.in/opinion/indian-army-must-work-on-inducting-women-in-combat-roles-or-court-may-force-its-hand/165252/

Should India move towards germline gene editing aka genetically modified babies?

Chinese researcher He Jiankui – who announced on YouTube in November that he successfully modified the genes of Lulu and Nana, healthy newborn twins – has taken mankind one step closer to becoming the superpower that can triumph even nature in selecting our own genes. Scientists worldwide are appalled at Jiankui’s violation of a self-imposed moratorium by enabling the birth of genetically edited children.But before we dread a future of designer children and super soldiers strutting around, we need to look at how germline gene editing – an inheritable change in the genetic code – may be particularly relevant for India with a high predisposition to genetic disorders and lack of affordable healthcare for the less-privileged. So, it makes sense for the country to invest in prophylactic technologies instead of therapeutic approaches. Read more

An insider look into what Russia actually thinks of India

Last week, several members of India and Russia’s think tank community sat down for two days of conversation in Moscow. Since so much of our knowledge on Russian affairs comes filtered either through the prism of Western reportage or through pro-establishment Russian media, engaging in closed-door discussions with leading intellectuals and policy influencers was particularly valuable. Here are some of my impressions after participating in the talks.First, what came across quite clearly is that the Russian establishment sees itself in a state of siege. US sanctions have raised international pressure on the country — even if the Russians are loath to admit it — and are pushing Moscow into greater isolation. Consequently, the paranoia of the siege mentality colours both elite and popular perceptions of international events. So the Russians might see, say, India’s closer engagement of the United States, Australia, and Japan, in the form of the Quad, as partly inimical to their own interests. They are aware but do not give too much credence to the argument that the Quad is part of India’s effort to manage China’s rising power in our extended neighbourhood.Read more

A Time to Make Ethical Decisions

A couple checks into a clinic and looks up a menu of options: blue eyes, fair skin, excellent hand-eye coordination, good runner, team player. They are opting for the “sportsman” package with a few cosmetic perks for their future child. Having made their choices, they walk away. A few weeks later, their desirable embryo is implanted and nine months later, they welcome the child who they want to be the future captain of the Indian cricket team. Let us look elsewhere in the world: In a hidden laboratory, an evil scientist is creating a super-race with characteristics like immense muscular strength, obedience, quick healing – basically your standard “Wolverine” with the added feature of inherent loyalty. Is this the futuristic scenario that pops in your head when you hear the word ‘germline gene editing’? Some find the power to control our own genes fascinating; others find it repulsive but primarily many fear what this power could do to the human race. But as we worry about whether gene editing will be the bane of humanity, we turn a blind eye to gene editing – the savior of humanity. Read more

Fix call drops and sluggish speed before you think of regulating internet

India’s regulators work in mysterious ways. Take the Telecom Regulatory Authority of India (TRAI), which has suddenly decided that it wants to regulate internet services. As its name clearly suggests, TRAI’s job is to regulate the telecommunications industry. These are the companies that own and operate the “pipes”, like fiber-optic cables, towers, base stations, satellite transponders, undersea cables, switches, and networks. TRAI also regulates companies that provide some basic services that run on these “pipes”, namely telephony and the internet.Like its counterparts around the world, it does not, thankfully, regulate services that run on these “basic” services. That’s why you don’t need to apply for a license when you set up a website or launch an app.Looking at TRAI’s ‘Consultation Paper on Regulatory Framework for Over-the-Top (OTT) Communication Service’ that closed Monday, I’m left wondering just why would it want to introduce a digital licence-permit raj by asking whether “over the top” (OTT) services ought to be regulated, and if so, which ones and how.Read more

Chinese gene-edited baby row rekindles need for guidelines in India

The global scientific community has been outraged by Chinese scientist He Jiankui’s claim of creating the world’s first genetically modified baby using the gene-editing technique CRISPR-Cas9. The scientist claims that baby Lulu – who differs from previous recipients of gene therapies like Layla Richards¹ – was born with a genetic modification and will pass it on to any child she may have in the future.On ethical and safety grounds, scientists worldwide have abstained till now² from genetically-modified embryo experiments. However, the Chinese case hints that some researchers may be secretly competing to outbid their peers in creating gene-editing based solutions. There have also been instances of biohackers crafting DIY CRISPR kits³, affording buyers with elements that could be used in home experiments.Read more

India needs Reforms 2.0 to save both bureaucracy and good IAS officers like H.C. Gupta

How is it that despite widespread corruption, inefficiency, and incompetence across governments, India remains a country where, by and large, people are relatively safe, secure, and prospering?Because, the outcome of the actions of the good people in government still outweighs the actions of the bad ones — even if the number of good people is comparatively small. Conversely, if a government department, industry sector, or state is dysfunctional, it is because it either has too few good people or that its ‘system’ is tuned to unduly amplify the actions of bad people.On the balance, in my subjective opinion, India’s ‘system’ is still tuned to amplify the good. However, our society, which has been in a state of moral panic for the past decade, is turning the knob dangerously backward.Read more

China and the Kerch Strait

The UN Security Council held an emergency meeting on Monday to discuss escalating tensions between Russia and Ukraine following Sunday’s incident in the Kerch Strait. According to the Ukrainian Navy, Russian forces fired upon its vessels, injuring at least three sailors. Russian forces then reportedly captured three Ukrainian vessels along with 23 crew members. Moscow claims the vessels had entered Russian waters, failed to follow laid down protocols, and engaged in “provocative” actions.During Monday’s meeting in New York, Nikki Haley, the US’s UN representative, described the incident as a case of “reckless Russian escalation” and “aggression.” European Council President Donald Tusk has assured that the EU stands united behind Ukraine. In contrast, China’s deputy permanent representative to the UN Wu Haitao called for “restraint” and emphasised the Chinese approach of “objectivity and impartiality” in relation to Russia-Ukraine tensions. Wu further added that “China respects the sovereignty and territorial integrity of all countries including Ukraine.” Wu’s remarks underscore the delicate balance that Beijing is seeking to strike in terms of deepening its ties with Russia while distancing itself from Putin’s foreign policy adventurism. In this context, Sunday’s incident presents Beijing with a set of pitfalls and opportunities.Read More

India has learnt to live with a bomb, now it must be open to gene editing too

Even if this week’s news – that He Jiankui, a Chinese scientist, has produced gene-edited babies – had been found to be false, it would only have been a matter of time before someone did it successfully. The technique used for gene-editing, called CRISPR-Cas9, is relatively simple to use and a decent laboratory anywhere in the world will be able to carry it out.You can’t un-invent this. And if you try to ban it, you’ll drive the industry underground, which means only the unscrupulous and the shady will have access to it, and good people won’t. Gene editing is not like nuclear weapons whose manufacture needs a lot of money, lots of space, a complicated global supply chain and government support. As Sandhya Ramesh reports in ThePrint, you can order a gene-editing kit online for $159. So, it is something that a good laboratory technician can do without too much money or attracting too much attention.Read more