Aatmnirbhar Bharat Final Book

AATMNIRBHAR BHARAT
SHRESHTH BHARAT
AATMNIRBHAR BHARAT
SHRESHTH BHARAT
Editors
VANDANA SINGH
ZUBAIR AHMED KHAN
Paragon International Publishers

New Delhi - 110 002 (India)
AATMNIRBHAR BHARAT - SHRESHTH BHARAT
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First Published 2021
ISBN : 978-93-83154-90-6
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VICE CHANCELLOR'S MESSAGE
A vibrant democratic country like India, with diverse, multi-lingual and multi-
cultural, yet bound together by the ancient bounds of shared traditions, culture
and values is full of talent and youthfulness. The slogans of Atma Nirbhar
bharat and Shreshtha bharat reinvigorates the essence of looking forward to
harness the potential of its young minds, in achieving self reliance by promoting
nascent ideas of budding entrepreneurs to be realized, in looking forward to
developing startups and incubation leading towards developing new services,
industries for fueling economic activities and growth achieving self reliance of
the country. Further there should be continuous mutual interaction between
people of varied regions and ways of life so that it encourages reciprocity and
secures an enriched value system of unity amongst people of different States
in a culturally special country like India leading to achieving the central idea
and objective of Ek Bharat Shreshtha Bharat.
Atmanirbhar Bharat, launched on 12th May 2020, which translates to 'self-
reliant India' or 'self-sufficient India', is a term used in relation to economic
development in country and backed by 30 lakh crore economic package. The
term has been used in relation to making India "a bigger and more important
part of the global economy", pursuing policies that are efficient, competitive
and resilient, and being self-sustaining and self-generating. Further, the five
pillars of 'Atmanirbhar Bharat' are stated as economy, infrastructure,
technology-driven systems, vibrant demography and demand. The initiatives
of the government were also backed by private players in boosting initiatives
towards self-reliance, boosting the make in India initiatives and reduce reliance
on foreign goods and services. Slogans initiated under Atmanirbhar Bharat
include 'vocal for local', 'local for global' and 'make for world'. Ek Bharat
Shreshtha Bharat was announced by Hon'ble Prime Minister on 31st October,
2015 on the occasion of the 140th birth anniversary of Sardar Vallabhbhai
Patel. The objectives of such initiative is to achieve the following:
1. To celebrate the unity in diversity of our nation and to maintain and
strengthen the fabric of traditionally existing emotional bonds between
the people of our country;
2. To promote the spirit of national integration through a deep and structured
engagement between all states and union territories through a year-long
planned engagement between states;
(v iii)
3. To showcase the rich heritage and culture, customs and traditions of either
state for enabling people to understand and appreciate the diversity that
is India, thus fostering a sense of common identity;
With a view to promote such initiatives launched by government of India, GGSIP
University NSS Cell has organized a national Webinar on 06th December
2020 inviting the student community, for paper presentation. This initiative
involves bringing the untapped potentials of the youth in unraveling new ideas,
new initiatives in every sphere of growth, incubating, promoting the youth in
partnering and be a part of the growth engine. Several sub themes were also
given to reflect their creative thinking towards achieving self reliance and
good of the nation. Such initiatives will bring to the fore new start-up ideas
ranging from agriculture to science to newer technologies. The result of such
an exercise has resulted in culmination of wonderful ideas presented by the
participants and a compilation lie in your hand. Further as a part of initiatives
of transforming our education system as envisioned through our new education
policy-2020 in achieving holistic personality development, in boosting
entrepreneurship traits in our youth, in developing startup culture and create
incubation centres for promoting young talent towards creation of new ideas
leading to newer products, new services, industry and commercial successes.
Universities have a bigger role to play and this small effort as a seedling shall
in no time result into a large movement involving all universities and colleges
to orient their education system involving youth force in problem solving and
helping its neighborhood slums or villages or the agricultural sector in
eradicating ills of the society or uplift the living standards of the people or
provide technical solutions to their day to day problems.
To my mind such a freewheeling system will boost the youth in nation
building and the objectives of AtmaNirbhar Bharat and Shreshth Bharat shall
become a reality sooner than later. GGSIP NSS Cell with its 10,000 volunteers
spread across the University and its 127 affiliated colleges conducts variety
of social service activities in its campuses and its neighborhood focusing the
youth energy in nation building and personality development. Wish you a
happy reading and the purpose of this compilation is to create further new
ideas leading to an avalanche of such ideas and initiatives eradicating poverty,
education and nutrition to all, creating jobs for all, achieve sustained economic
growth and contribute to the happiness index of the country and the world.
Prof. BVR Reddy

NSS Coordinator,
GGSIP University, Dwarka
New Delhi
During the period of such COVID pandemic when the entire world has been
suffering from economic to health depreciation, our Hon'ble Prime Minister
has come up with wonderful ideas and slogans and AatmNirbhar Bharat or
Self-Reliant India Movement is one of such ideas given on May 12th, 2020
when he started with the slogan "Vocal for the local". The idea of AatmNirbhar
Bharat Abhiyan is envisaged by New India where focus point is towards inclusive
and sustainable growth in every field. The Self-Reliant India movement is
meant to increase the contribution of India in the Global Economy in every
field. The concept of Self-Reliant India is not new, in the ancient scriptures
the term "EshahPanthah" has been used which means Self-sufficient India.
The vision is to turn crisis into opportunity, to develop India into a balanced
country by developing all areas rural or urban, all sectors and marginalized
and impoverished people for that gaps are to be filled which hinders the
development. In this background that the academic minds came together to
brainstorm the whole perspective of AatmNirbhar Abhiyan and Shresth Bharat
in the national webinar on "AatmNirbhar Bharat-Shresth Bharat" organized by
NSS Cell (Unit-D) of GGSIP University on 6th December, 2020 under the
leadership of Prof. Mahesh Verma, Honorable Vice-Chancellor; Ravi Dadhich,
Registrar, GGSIPU; Prof. BVR Reddy (Faculty Coordinator, NSS); Dr.Vandana
Singh & Dr. Zubair Ahmed Khan (Program Officer, NSS Cell Unit-D); Siddhant
Soti & Akshita Jain (Student Coordinators).The various discourse held in the
national webinar has been a key catalyst to the formation of this edited book.
Prof. BVR Reddy in his valuable disquisition had suggested few steps
towards progress in these areas, he said, "IT Sector of the nation has given
the brainy edge over the world that we are able to sustain ourselves by this
sector, we have outstanding Techno-managers in the country. Yet the
manufacturing and other sectors are lagging behind so is the education system
of nation". He believed from the perspective of the Higher Education Institutions,
"Atmanirbhar Bharat" can be achieved, if we ensure that the students are
concentrated towards human excellence and that goes hand in hand with
material progress. We need to make our children and the youth of the country
empowered to such an extent that they would be able to contribute to the
(x)
country in a wider way possible.Education has a very important role to play in

the self-reliance movement, if it is not constraint only to the teaching and
learning process but also to sharpen the skills of the students. If a child is
taught to be self-employed and entrepreneurship, he could build his own
enterprise and need not run after government services only. Introducing NSS,
NCC, Sports, Yoga, Human Values and Professional Ethics in HEIs, conducting
socially relevant research and outcome or value based education model that
look towards conscious awareness and not just being law abiding citizens,
learning about env ir onment and environmental issues as well as
Entrepreneurship mindset as a compulsory component to sensitize our children
towards societal problems and to identify them and use their inner strength or
knowledge to put into good use. The students should be given an opportunity
to understand the societal and other problems in the Villages and slums around
the areas of HEIs and come up with innovative ideas and other low-cost
resolutions to resolve the issues, it would be a win-win situation for the
government and bread winning for the concerned small and marginalized
people. HEIs should be connected to Governmental and Non-Governmental
Organizations to find normal solutions and ideas that these solutions and
ideas could flow to the marginalized people.
Mr. G R Raghavendra, Joint Secretary, Ministry of Law & Justice emphasized
that there is a special ministry of skill development in government of India and
ministry of small scale enterprises focuses creating, innovation, invention and
manufacturing by these MSMEs, both departments working towards making
and implementing policies to make positive changes in peoples' lives and to
make them self-reliant. All policies are initiated by NITI Ayog. He also believed
that we have comparative advantage in IT sector and Indian IT sector is
recognized and the Indian IT professionals are dominating in Silicon Valley,
around 50-60 per cent of IT professionals in U.S. are from India, and this is
our growth as self-reliant India. Other than this area, we have achieved some
success in pharmaceutical companies by giving promotion to Generic
pharmaceutical companies this is because the way we drafted our patent
legislations. During pandemic, India proudly exported paracetamol and
Hydroxychloroquine which was needed to treat COVID positive patients in
around 108 countries all over the world including least developed and poor
countries as India is a largest manufacturer of paracetamol but as each
medicine has an active pharmaceutical ingredient (API), for paracetamol India
had to import API from china and other countries and this has proved to be a
drawback during the Lockdown situation. Government has taken initiatives to
boost self-reliance campaign in MSME sector, agriculture sector, banking credit
sector, credit land generation schemes were announced, schemes to improve
GST collection. He also suggested that, it is necessary that we put reliance
on the locally manufactured products, brands and the system of our country
to make it popular and to attract the eyes of the foreign consumers and so
(xi)
would get a place in the global market. The best example for this is,boost to
PPE manufacturing, we grew from zero to 4 lakh 50 thousand PPEs per day.
Indian PPE manufacturing industry has grown to 10 thousand crore in three
months period, now even exporting PPEs to other countries. The government
of India has taken other steps towards Self-Reliant India movement by
introducing Pradhan MantriMatsya Sampada Yojana, Pradhan Mantri Rojgar
Protsahan Yojana, Kisan credits of 2.5 crores, manufacturing policies, Pradhan
Mantri Bhartiya Janaushadhi Pariyojana for providing generic medicines at
cheaper prices. Nevertheless, the worth of a work is not dependent on what
remains uncovered but on what exactly has been covered in the research
effort. That way this humble effort might become a path-finder in presenting
different issues and scope of development in the interest of self-reliant
movement. We owe a sincere gratitude to our Prof. Mahesh Verma, Honorable
Vice-Chancellor, GGSIPU, Ravi Dadhich, Registrar, GGSIPU & Prof. BVR Reddy,
Faculty Coordinator, NSS Cell, GGSIPU for giving us platform and opportunity
to organize the national webinar and producing the edited book. We are
thankful to our contributors for articulation of visions and well-researched
aspects towards innovation, AI, health law, banking reforms, quality education,
traditional knowledge, etc. We are also thankful to our editorial assistants
Mehak Rai Sethi, Dhawal Shankar Srivastava, Trivikram and Teesha for
assisting us in the process of proofreading & editing all papers for the book.
We are also thankful to our faculty colleagues & non-teaching staffs of NSS
Cell, GGSIPU for their active support and encouragement.
Editors
Dr. Vandana Singh
Dr. Zubair Ahmed Khan
(NSS FACULTY COORDINATOR, GGSIPU NSS CELL)

PROF. B. V. RAMANA REDDY
STUDENT EDITORIAL TEAM

DHAWAL SHANKAR SRIVASTAVA
MEHAK RAI SETHI
TECHNICAL TEAM
TRIVICKRAM JEE & TEESHA
About the Contributors
Dr. Prem Chand: Executive Director, Centre for Law and Urban Development,
National Law University, New Delhi.
Abhishek Pandey: Advocate, Delhi High court.
Ishita Pandey: 4th year Law Student, Vivekananda Institute of Professional Studies,
Guru Gobind Singh Indraprastha University.
Dr. Jasper Vikas: Assistant Professor of Law and Executive Director, Centre for
Tax Laws, National Law University, New Delhi.
Dr. Vikesh Ram Tripathi: Assistant Professor , Delhi University.
Amitesh Deshmukh: Assistant Professor, National Law University, Jodhpur.
Dr. Neelu Mehra: Assistant Professor, University School of Law and Legal Studies,
Aditi Singh: Ph.D. Scholar of University School of Law and Legal Studies, Guru
Gobind Singh Indraprastha University.
Dr. Anuradha Jha: Assistant Professor, University School of Law and Legal
Studies, Guru Gobind Singh Indraprastha University.
Dinesh Mishra: Ph.D. Scholar, University School of Law and Legal Studies,
Dr. Unanza Gulzar: Assistant Professor, School of Law, The Northcap University,
Gurugram.
Dhawal Shankar Srivastava: Ph.D. Scholar, University School of Law and Legal
Garima Jargar: 3rd year law student, Maharashtra National Law University,
Nagpur.
Mehak Rai Sethi: Ph.D. Scholar, University School of Law and Legal Studies,
Samarth Rai Sethi: Advocate, Delhi High Court.
Dr. Ravinder Kumar: Associate Professor, University School of Law and Legal
(xiv)
Yashdeep Lakra: 3rd year student, University School of Law and Legal Studies,
Niimisha Kaul: Ph.D. Scholar, University School of Law and Legal Studies, Guru
Dr. Pallavi Bajpai: Assistant Professor, School of Law, The NorthCap University,
Gurugram.
Vanshika: 5th year student, The NorthCap University, Gurugram.
Dr. Nisha Dhanraj Dewani: Assistant Professor, Dept. of Law, Maharaja Agrasen
Institute of Management Studies, New Delhi.
Manini Sayali: Ph.D. Scholar, University School of Law and Legal Studies, Guru
Aaditya Vikram Sharma: Assistant Professor, Vivekananda Institute of Professional
Aarushi Agarwal: Assistant Professor, Dept. of Law, Maharaja Agrasen Institute
of Management Studies, New Delhi.
Pallabi Paul: Student, Dept. of Law, University of Assam, Silchar.
Asma Rizvi: Ph.D. Scholar, University School of Law and Legal Studies, Guru
Ankita Pooja: Research Associate, Competition Commission of India, New Delhi.
Shubham Mishra: Assistant Professor, Bharati Vidyapeeth Institute of Management
Studies, New Delhi.
Savita: M. Phil Scholar, School of Education, Central University of Haryana.
Dr. Gurujit Singh: Assistant Professor, University School of Law and Legal Studies,
Dr. Rakesh Kumar: Associate Professor, University School of Law and Legal
Dr. Avni Sharma: Associate Professor, Samrat Prithiviraj Chauhan Government
College, Ajmer.
Message ............................................................................................................................... (v)
Preface ................................................................................................................................ (vii)
Acknowledgement .............................................................................................................. (ix)
About the Contributors .................................................................................................... (xiii)
AatmaNirbhar Bharat Abhiyan: An Introduction ............................................................ (1)
1. Building Infrastucture: Making Identity of a True India 5

for the 21st Century
– Dr. Prem Chand
2. Atmanirbhar Bharat and the Influence of the Indian Patent Regime 15
– Abhishek Pandey and Ishita Pandey
3. Building Public Health Infrastructure for the 21st Century 26
Self Reliant India
– Dr. Jasper Vikas
4. Insolvency Regime for MSME’s in Post Pandemic Era 37
– Dr. Vikesh Ram Tripathi and Amitesh Deshmukh
5. PPP Based Electronic Universal Databank: A Solution to Curb 45

Unregulated Artificial Reproductive Technology Centres
– Dr. Neelu Mehra and Aditi Singh
6. Organic Farming Opportunity for Sustaible Development 55
and Need of Technological Usage and Standarization
– Dr. Anuradha Jha and Dinesh Mishra
7. Bio-Piracy of Traditional Knowledge in 21st Century 64

with Reference to Ayurveda: Need for Robust Rulebooks
– Dr. Unanza Gulzar
(xvi)
8. Right to Health - Emerging Trends vis-a-vis Pandemic 74

– Dhawal Shankar Srivastava
9. Pivotal Role Regarding the Branches of Modern 83
Forensic Techniques: An Insight for Judiciary System
– Garima Jargar
10. Aarogya Setu APP for Atmanirbhar Bharat & Its 93
Conflict with the Individuals’ Rights to Privacy:
a Jurisprudential Perspective
– Mehak Rai Sethi and Samarth Rai Sethi
11. Fundamentality of Fundamental Duties 106
– Dr. Ravinder Kumar and Yashdeep Lakra
12 A Case Study on the Imapact of Activity-Based 112
Learning upon youth: A steering efforts towards
AatmNirbhar Bharat
– Niimisha Kaul
13 Dawn of “AatmNirbhar Bharat” and Socio-economic 121
Condition of India
– Dr. Pallavi Bajpai and Vanshika
14. Self Reliant Indian Economy and IPR: A Socio Legal Study 130
– Dr. Nisha Dhanraj Dewani
15. Utilizing Artificial Intelligence and Big- data in 141
Courtrooms and Law Chambers: Introducing the new
Era of Legal Reforms in India
– Manini Syali and Aaditya Vikram Sharma
16. Convention on Rights of Childs- Review in 150
the Light of the Indian Chapter
– Aarushi Agarwal
17. An Analytical Study of the Role and Application of 161

Artificial Intelligence in Cyber World
– Pallabi Paul
18. Artificial Intelligence: Benefits and Challences 175
with Special Reference to Pandemic Situation
– Asma Rizvi
(xv ii)
19. Media as Fourth Pillar of Democracy 183

– Ankita Pooja and Shubham Mishra
20. Internet of Things for Quality Education: 192
A Study of Futuristic Learning
– Savita
21. Startup and Legal Challenges 203
– Dr. Gurujit Singh
22. Election Commission of India: Emerging Issues & Challenges 210
– Dr. Rakesh Kumar and Dr. Avni Sharma
AATM NIRBHAR BHARAT ABHIYAN: AN
INTRODUCTION
Aatma Nirbhar Bharat Abhiyan is an ambitious movement of the government of India

to make India self-reliant economically. It was launched in May 2020. The significance
of the scheme lays in the fact that it has been introduced with highest missionary zeal
and commitment at the highest level of political decision-making amidst the most
challenging times of Corona-19 pandemic. Further it sought to define the aspirational
role of India in the post-covid world. In the words of Shri Ram Nath Kovid, the
President of India, it was asserted that “the Aatma-Nirbhar Bharat Abhiyan of India
would make the world order more just and fair, promoting greater cooperation and
peace.”
It is known that the Corona-19 pandemic is the worst known global pandemic in
around hundred years now. Pandemics are known for untold human sufferings,
unmanageable stress on public health infrastructure, disastrous impacts on socio-
economic processes. Corona-19 pandemic had all these characteristics with global
spread of unknown precedence in the recent history of mankind. Every country and
every society in the world was affected by the perils of Corona-19 pandemic; it was
contemplated that so called poor country like India having huge population and poor
public health infrastructure shall be affected more devastatingly than any other country
in the world. Disasters whether in the form of pandemic or other kind always have the
impact of eroding developmental resources of any country or society. Thus India
faced the challenge of meeting the immediate needs of ramping up its almost
ramshackled public health infrastructure, extending emergency relief to the millions
of affected population, containing the rapid spread of the pandemic, building the capacity
of the front line pandemic warriors, maintaining the socio-economic political stability
of the country and further re-accelerating the pace of the economic growth of the
country. This was also the time when India faced filthy military and diplomatic challenges
from imperialist China on its northern and eastern frontiers. The challenges within the
country and on the boundaries were abounding; international support and cooperation
was limited because almost every other friendly country was caught in either similar
or worse Corona-19 pandemic. All eyes and attention of the people within the country
and outside were on the political leadership of the country. It is amidst these be
wildering challenges triggered by the Corona-19 global pandemic that the Prime Minister
2 AatmNirbhar Bharat - Shrestha Bharat
of India announced the launch of AatmaNirbhar Bharat Abhiyan in his public address
to the nation on 12th May 2020.While launching the AatmaNirbhar Bharat Abhiyan,
the Prime Minister outlined the five pillars for a self-reliant India as the
Economy, Infrastructure, System, Vibrant Demography and Demand. By the
economy as the first pillar of AatmaNirbhar Bharat, he envisioned an economy
of the country that is set for quantum jumps rather than incremental changes.
The second pillar of infrastructure envisioned creating word-class infrastructures
which becomes the identify of modern India. The third pillar called system
indicated technology driven arrangements which fulfils the dreams of 21st
century and not the policies of the past century. The fourth pillar of the
AatmaNirbhar Bharat was identified as the vibrant demography in which the
Prime Minister found the ultimate source of abounding energy to for a self-
reliant India. Lastly the fifth pillar demand underlined the economic imperative
to strengthen the demand and supply chain of all stakeholders to its full capacity
to increase as well as fulfil demand. These five pillars indicate the five different
key dimensions of a self-reliant India of 21st century. Examined very closely
these five pillars are the drivers, the enabling framework as well as the core
aspirational outcomes of the self-reliant India.
Disasters of all kinds whether it be pandemic or others, they are known to
uneconomically eat up the resources meant for developmental processes. The launch
of AatmaNirbhar Bharat Abhiyan was a bold experiment and an ingenious initiative to
put the scarce economic resources of the country to manage the ongoing disaster in
a manner that developmental processes are structured, triggered and sustained to
create a self-reliant India of 21st century. The objective of the AatmaNirbhar Bharat
Abhiyan is not only to contain the pandemic driven disruptions to developmental
processes of the nation, but essentially to strengthen the developmental processes
robustly across all sectors of the economy even amidst the challenges of the ongoing
pandemic. AatmaNirbhar Bharat Abhiyan seems to be inspired by the Prime Minister’s
personal experiences in rebuilding the Kutch and other parts of Gujarat after the
devastating earthquake of 26th January 2001, which he briefly recalls while launching
it to assert that the kind of determination and resolve which was there to rebuild Kutch
was needed to make the country self-reliant even amidst the perilous pandemic situation.
The Prime Minister set the ambitious campaign for the self-reliant India movement
rolling by announcing a special economic and comprehensive package of INR Twenty
Lakh crores to fight Covid-19 pandemic. The economic package announced was
equivalent to ten percent of India’s GDP and the details of the economic package was
announced immediately in a string of five press conferences addressed by the Union
Finance Minister between 13th May to 17th May 2020. The economic package of INR
twenty lakh crores announced while launching the AatmaNirbhar Bharat Abhiyan
was essentially relief centric to mitigate the economic hardships arising out of Corona-
19 pandemic, but the relief package was structured to pull upward the sliding the
economic processes of the country. It had elements of developmental economics as
well as features of relief disbursements for the affected masses however, poorly and
AatmNirbhar Bharat Abhiyan: An Introduction 3
adversely they may have been placed. The successes of the economic package lay in
the relief reaching to the millions of needy population scattered in various parts of the
country as well as in rekindling the developmental processes across the country even
amidst the incredibly challenging pandemic situation. In certain quarters the
AatmaNirbhar Bharat Abhiyan was criticised as inward looking isolationist economic
initiative. Such criticism seems to be ill informed.
The Prime Minister while launching the Abhiyan very explicitly outlined the global
contexts of AatmaNirbhar Bharat Abhiyan. He asserted that “India does not advocate
self-centric arrangements when it comes to self-reliance. India’s self-reliance is
ingrained in the happiness, cooperation and peace of the world.”Referring to India’s
culture of aspiring for global peace, prosperity, justice and health, he further noted
that, “This is the culture which believes in the welfare of the world, for all the living
creatures and the one which considers the whole world as a family. Its premise is ’
- the culture that considers the earth to be the mother. And when the
Bharat Bhumi, becomes self-sufficient, it ensures the possibility of a prosperous world.
India’s progress has always been integral to the progress of the world.”Further the
very next day after the announcement for launch it was clarified by the Union Finance
Minister Ms. Nirmala Sitharaman that the Prime Minister’s self-reliance call did not
mean that India will look only inwards and become an isolationist country. She said
that the call for self-reliant India was an assertion of a confident India which can rest
on its strengths and also contribute to the globe. Subsequently the Prime Minister
himself outlined the global significance of AatmaNirbhar Bharat Abhiyan. At the 75th
meeting of United Nations General Assembly on 26th September 2020, the Prime Minister
in his address asserted that “in the changed circumstances of the post-pandemic era,
we are moving forward with the vision of ‘Aatmanirbhar Bharat’. A self-reliant India
will also be a force multiplier for the global economy.” Similarly on 22nd November
2020 in his address at the G-20 Summit, thePrime Minister asserted that “Aatmanirbhar
Bharat will be a strong pillar of a resilient post-covid world economy and Global value
chains.”In last ninth months since the launch of AatmaNirbhar Bharat Abhiyan the
government of India has pursued it with admirable professional zeal and political
commitment. A dedicated online portal to AatmaNirbhar Bharat Abhiyan (https://
aatmanirbharbharat.mygov.in/) boasts of around 234 activities, 10,61,113 participants
and 246 ministries and organizations having been already associated with the self-
reliant India movement as on March 5 th 2021. Within weeks of the launch of
AatmaNirbhar Bharat Abhiyan the Deputy CEO of prestigious consulting firm KPMG
(India) Mr. Akhil Bansal noted that “the renewed pursuit of Atmanirbharta sows the
seeds for a new course of long-term development, and serves as the pivot on which
India can emerge as a hub for manufacturing and investments. In order to achieve this
vision, India needs to focus on holistic and sustainable development.” Gerry Rice,
director-communications department at International Monetary Fund in a press briefing
in the last week of September 2020 referred to AatmaNirbhar Bharat Abhiyan and
underscored its significance in the context of Corona-19 pandemic as well as for
India’s economic stability. He noted that “the economic package announced under
this self-reliant initiative announced in the aftermath of the coronavirus (Covid-19)

pandemic has supported Indian economy and mitigated significant downside
risks.”Thus to conclude, it may be stated that AatmaNirbhar Bharat Abhiyan is a
politically bold and economically well informed decision to rekindle the developmental
processes of the economy even amidst the bewildering challenges of the Corona-19
pandemic. The economic packages released under the Abhiyan is structured to provide
relief to pandemic affected population as well to push the economic processes of the
country. It is an ambitious mission to make India economically self-reliant and thus
enhance its capability to play more significant role in making a better and more resilient
post-covid world in the spirit of Vasudhaiva Kutumbakam, which is the civilizational
insignia of India since time immemorial.
Prof. Anuj Kumar Vaksha
USLLS, GGSIP University
Dwarka, New Delhi.
1
Building Infrastructure: Making Identity of

a True India for the 21st Century
Dr. Prem Chand

Executive Director,
Centre for Law and Urban Development
National Law University Delhi
Abstract
The dream of a self-reliant nation can be a possibility only when five pillars of
Aatmanirbhar Bharat (self-reliant India) – Economy, Inclusive Infrastructure, System,
Demand and Vibrant and pluralistic Demography are achieved. Amongst pillars,
infrastructure plays a huge role in the building of a self-reliant nation. India is,
therefore, vigorously working towards the making of a world class infrastructure,
which shall certainly make the true identity of a contemporary India. But, the mission
of building such a healthy and strong infrastructure is not going to be an easy task,
because such big dreams not only require utmost commitment, but also need support
and coordination of highest level amongst all, State and Non-State actors. In the first
part, the author therefore, would discuss the current state of affairs of the infrastructure
of India from colonial times to the present, which has failed international human
rights standards at various fronts, and which therefore, needs immediate attention on
a most urgent basis and in the second, the author would analyse the new initiatives of
India, such as, creating and promoting affordable housing for all, target based
electrification in rural areas, bridging the gap between the rural population and the
developing urban centres, building sustainable real-estate, providing access to safe
drinking water, building efficient urban mobility by building strong public transport,
creating effective health and education infrastructure, sustainable environment, etc.
In the third part, the author would examine how the infrastructural development would
lead to the making of Aatmanirbhar Bharat (self-Reliant India) and in this process,
the author would also analyse the necessary constitutional provisions and other laws
of the land.
Keywords: Self Reliance, Infrastructure, Human Rights.
Introduction
India is moving fast towards the goal of ‘self-reliance’. And, one of the most important
pillars of this goal is ‘Infrastructure’ along with Economy, System, Demography and
Demand. The present infrastructure of India is substantially different from the last
decade.1 The present infrastructure is exponentially grown in the last two decades to
match with the international standards and is helpful in making India a self-reliant
economy. In fact, the present Infrastructure, in a very short span, has already achieved
the nomenclature of ‘an identity’ of a true India, and it plays a pivotal role in the
growth and development of a self-reliant nation. Though, colonial rule had drained the
Indian resources to Europe, which adversely affected the growth of Indian economy,
yet, in the initial years of Independence itself, India sensed the urge of developing a
robust and strong infrastructure as a backbone of the economy. And, to make the
dream of India of a ‘strong economy’, a reality requires urgent attention towards
‘infrastructure’, which was is of course not an easy job to perform. And, towards
this end, there are various initiatives taken by the State to upgrade and modernise the
present infrastructure. In the recent years, the building of a complex Goods and
Services Tax Network is a classic example of infrastructure development in India.
The main objective of AtmaNirbhar Bharat is to make India more resilient to its
internal strengths. It will be helpful in building national interests.
The Indian initiative of coming out of Regional Comprehensive Economic
Partnership (RCEP) is the best example of protecting national interests. Similarly, it is
also found that the Indian Pharmaceutical companies are dependent more on imports
for fulfilling the demands of their essential and urgent medical instruments and supplies
which can be affected badly during the pandemics like Covid 19. 2 In this regard,
Covid 19 is a blessing in disguise, which has compelled India to revisit its export and
import policies and start focussing on building self-reliant infrastructure, not only to
tackle problems like this, but, also to expand Indian economy to its best. In the Part-
I of this chapter, the evolution, growth and importance of infrastructure of India from
colonial times to the present, has been discussed, with particular stress on basic
infrastructure issues, such as, Road, Electricity, Railways, transport, etc. and the
bottlenecks which had affected their swift growth. And, in the Part-II, examination
and analysis of rural infrastructure has been done to examine as to whether the
improvement in infrastructure has positively affected the growth of rural India? In the
Part-III, contemporary issues and concerns have been discussed in detail which are
either derailing the growth of Infrastructure in a State or which are creating impediments
for its growth.
Infrastructure after Independence

It is essential to know that the Indian infrastructure has noticeable marks of British
rule in India. Rather, the base of modern infrastructure in India was created by the
British, of course to assist the British colonial system but, it actually helped in connecting
India to its nuke and corner. The telegraph, railways, roads, ports, health care, statistical
Building Infrastructure: Making Identity of a True India for the 21st Century 7
systems, scientific research, sanitation, government buildings, etc. are the outcome
of western science adapted to Indian conditions. The success of Infrastructure and
its adaptability in Indian conditions can be gauged from the fact that the infrastructure
created by the British was initially used for the State, but later, it was used by all,
including, the traders for their commercial purposes. And, the transport had actually
transformed the life of the common man. It is presumed that if the network of road or
railway transport was a bit better, then it have been more convenient for the State to
distribute food in the places where, people die due to malnutrition or lack of food
during draught or famine.3
The focussed policy efforts after independence, towards, ‘Industrialization’, was
one of such steps in the right direction. P. C. Mahalanobis, the drafter of the second
five year plan, had made a decisive effort towards the creation of state-industrialization,
which rested more on the strategy of Import substitution.4Time to time, tailor-made
industry policy resolutions were passed in the initial years of Indian Independence to
comprehend the importance of both the sectors – private and public.5 Later, by way
of the Industrial (Development and Regulation) Act 1951, the Government starting
giving importance to the cooperation between the public and private sectors, so as to
reach to the commanding heights.6But the traditional tools such as, licensing, along
with the red tape proved fatal for India’s growth, which adversely affected the growth
of the nation and therefore, in 1991 India was constrained to opt for the New Economic
Policy (NEP) which later proved to be a boon and opened the gates of the Indian
economy for the international players and which also allowed the development of a
sense of competitiveness amongst Indian businesses. Thereafter, Indian ‘Infrastructure’
had seen tremendous changes, where the private players started moving swiftly with
the government in building much necessary infrastructure for the Indian economy.
The classic example is the release of National Manufacturing Policy, 2011, whose
objective over the medium term was to increase the growth of manufacturing sector
from 12 to 14 percent, which in all certainty, would positively affect the increasing
share of manufacturing sector in the GDP. There is a plethora of literature available
according to which there is always a positive effect of infrastructure on the growth of
an economy and it also leads to increase in the productivity.7
Pandemic Covid 19 and Infrastructure: A New Interface

The pandemics such as, Covid 19, opened our eyes to various factors which were not
given urgent attention in the recent years by the State, such as, the prevailing pathetic
condition of the slums. And, to attend to problems faced by the slum dwellers during
the pandemic, the first requirement is to give attention to public health infrastructure,
and then only it will be a right time to spend on building accessible affordable
housing.8And, towards this goal, India has started developing a comprehensive
affordable housing policy, which will be both inclusive and affordable in nature.9 And,
to fulfil this policy commitments by 2022, the Government has taken various time
bound initiatives to fulfil the goal of housing for all by 2022. Ahmedabad has become
one of the most affordable housing markets of India, whereas, Mumbai is last. The
top three affordable cities are Ahmedabad, Pune and Chennai. Interestingly, the major
factors which had actually helped in improving housing affordability in past two years
is, (i) The steep decline in housing prices and (ii) Low interest home loans running
into multi decades.10The pandemic has also allowed Government to ponder over self-
reliance in strategic sectors, which is inclusive of science and technology sector as
well. The government is shocked to know that they lacked the capacity to build
ventilators, which has become the necessity during the pandemics. This also led to
the development of building a start-up culture in India, and what better than AtmaNirbhar
Bharat, a policy initiative to make India self-reliant. The government is pushing the
start-ups by providing easy loans with low interest ratesand in this way, it has helped
in bridging the gap between the supply gaps within medical equipment. In fact, a lot
many private initiatives are in the space-sector. The Government is also committed to
strengthen collaborations with different private players. Building sound health
infrastructure, promoting vaccine research and coming up with the development of a
new science policy11 are certain policy initiatives in right direction of building
infrastructure for the future generations.
Infrastructure: A gateway of building a Self-Reliant India

One can easily identify the difference between the growth and expansion of the
infrastructure in 2020 and twenty years back in 2000. The exponential growth in
creating access to wireless technology is one such area which has not only revolutionised
the Indian infrastructure but has also helped in building much necessary digital revolution
in India, with the help of which it has become convenient if not easy, to go for
building good governance norms in India. One can gauge the depth of digital revolution
in India by the fact that in 1991, only five million people had access to telephones,
whereas, in comparison to that, 1151.81 million wireless subscribers have access to
wireless technology in India in 2020.12 This by no means was an easy task to do and
this cannot be a success unless India had opted for the New Economic Policy in
India. It is only after this that India had taken a leap forward in building Infrastructure
to attract Foreign Direct Investment (FDI) in India. The Public Infrastructure also
consists of access to good roads, 24x7 Electricity, Ports development, increased
reliance on reliable transport, etc.
Building Information Technology for Smart Infrastructure of the
future India
One can easily analyse from the available information that India has made a huge leap
forward in developing smart technological infrastructure. The access to electricity
has increased dramatically in past many years. No doubt, Information Technology
(IT) has played a pivotal role in the development and growth of Infrastructure in our
country, but there are various other factors which are responsible for these huge
changes. Surprisingly, the growth of Infrastructure in the whole country is different
from growth in certain specific States such as, Andhra Pradesh, Gujarat, and Punjab
etc. There are various reasons for the same, such as, nature of the government in a
particular State. Evidently, the Covid 19 pandemic has helped in building the smart
infrastructure inside every house. The task of building smart infrastructure has become
easy which is evident from the exponential growth of wifi culture in India, due to the
boom in affordability and acceptability of smart phones and other such devices in the
houses. People are accustomed to prevalent smart technologies and have started
adapting themselves with them, as if they are aware of the fact that, the future is
digital. It is therefore, necessary to know that the government is spending huge on
Information Technology (IT) to build a sustainable digital environment. The pandemic
has created a new normal with the help of the smart technologies, which allows, the
home to be converted into an office, thereby, not only increasing the value of a home,
but, also allowing the building of tailor-made technologies suited to individual persons.
The work from home culture has become a reality, which allows a person to spend
good amount of time in building relationship at home as well as work under comfort.
Digital health which was one’s dream has become a reality. Indian Digital Health
Infrastructure has not only become a success but, has also become a role model for
many countries to follow the footsteps. It has helped in the development of more
made in India applications.13 The success of Arogya Setu application is the classic
example of indigenous application’s success in surveillance of Covid 19 virus.
Building Sustainable Agriculture for the Self-Reliant India

Despite the fact that India is primarily an agricultural economy, Indian agriculture
itself has failed to build a robust Infrastructure to sustain itself in the present demanding
market dominated society. And, there are various factors responsible for that such as,
lack of good roads and electricity, which forces the farmers to rely more on artificial
electricity and which leads to the increasing use of generators in the farming. Green
revolution has no doubt exponentially increased the production capacity of India, but,
because it failed to address the issue of infrastructure, therefore, even after many
decades of it, the Northern States, even today lack the necessary infrastructure
conducive for the expansion and growth of agriculture. Storage of crops was one of
the most important question of green revolution era, and it has the same importance
even today.
Building Tax Infrastructure and other tax initiatives
Tax is the sovereign power of the State, but it is essential that the said power must be
consistent in its approach and application and the State must use it for generating
necessary revenue only for carrying essential and welfare services. And towards this
end, the Government has built a robust Goods and Services Tax Network (GSTN) for
the effective collection of the indirect tax revenue and to provide ease to public. The
Constitution of India was amended to add various provisions to provide one Goods
and Services Tax Council (GST Council) to take appropriate decisions regarding the
effective running of the GST Act, 2017. It helped in removing the cascading effects
of taxation and also in making India a single unit. A number of taxes were subsumed
under the GST Act to provide ease of doing business in India. Building of the State of
the art GSTN network is behind the success story of GST. Similarly, there have been
changes in the collection of direct taxation also. The timely refund of the excess tax
collected is the hallmark of new Tax Infrastructure. The automation has been done at
various places to provide ease to the assessee in filing the income tax returns.
E-verification of the returns through Aadhar Cards can be a possibility only because
of the robust IT infrastructure created to accomplish such goals. The initiatives such
as, extension of benefits of the Remission of Duties and Taxes on Exported Products
(RoDTEP)14 to all the export goods from 01.01.2021 will not only boost the exports of
India, but it would also help in building the already tottering economy of India.15 What
a robust infrastructure can deliver, can be gauged from the fact that during the lockdown
in April 2020, the GST collection was nose dipped to the lowest due to almost nil
economic activity in the market, and in December 2020, it recovered to its peak by
11.6% (Rs. 1,15,174 Crore) and this growth is the highest since July 2017.16
Self-Reliant India and Transport: Building Infrastructure for
AtmaNirbhar Bharat
It is the transport which paves the way for the growth and evolution of trade in India.
The birth and growth of Railways in India, had paved the way for the development of
business in India. The inaugural of 351-km long, Dedicated Freight Corridor (DFC)
by the State on December 2020 had paved the way for the transport revolution in
India, which impetus the growth of trading operations. It had also dedicated a state-
of-the-art Operation Control Centre (OCC) to the Prayagraj. This corridor was in
making since 2006 and had covered more than 2843 km under this project and is also
considered as the largest rail infrastructure created after the passing of the Constitution
of India. DFC is important because more than 70% of the Freight trains which in the
present times, run on the Indian Railway, will soon shift to these dedicated freight
corridors.17
Infrastructure and Rural Economy: Building AtmaNirbhar Bharat

for the 21st Century
Everyone is aware of the importance of Rural India, but due to lack of good
infrastructure, it couldn’t be connected to the National Economy as such. And, this
led to the underdevelopment of the rural sector. And, the major hurdle is lack of basic
infrastructure, such as, lack of roads, railways and other means of transport.
Development could not reach to the rural villages due to lack of basic infrastructure
and this deprived the rural population of the fruits of globalisation. We are aware of
the fact that Infrastructure is the backbone of any nation as it plays very important
role in the growth of a nation. Building of roads, bridges, provisions for adequate
drinking water, sanitation, water for irrigation, dams, waste management,
telecommunication, electricity along with commercial infrastructure to do business,
etc. are parts of infrastructure. Amongst all, roads playa huge role in the development
of rural India and simultaneously helps in making India a Self-reliant nation. Roads
connect villages and other small clustered populations and in this way, allow them to
participate in the national development, by indulging in the transportation of the goods,

including agricultural produce, which then helps in promoting equality and alleviating
poverty and also leads to the promotion of quality in every nuke and corner of India.
In this way, the government would be successful in promoting quality life in the rural
areas, which is a pending demand since independence.
The success of all other rural development programmes such as, rural health,
education and economy would not be a success unless the presence of the roads
which would connect the rural villages with the urban growth. And, it is due to this
reason that since independence, a lot many quality policy decisions have been taken
by the State towards construction and maintenance of roads along with its upgradation.
In the initial phase, the stress was more on building quality highways and urban roads,
but since, 200018 it shifted towards connecting the rural villages also with the highways
and urban centres of growth. The success of PMGSY can be accessed in three phases.
In the first phase of PMGSY-I, the main objective was connecting the unconnected
rural habitations of India with the population of 500 persons or more, and in the
special category States such as, hilly and deserted areas of India, the minimum threshold
of the population is 250 persons or more, similarly, for intensive Integrated Action
Plan (IAP)19 blocks, the threshold limit of the unconnected population is 100 or more
only. Similarly, in PMGSY-II, the need arises to consolidate the entire rural roads with
that of the upgraded major trade routes and towards this goal, more than 70% of the
projects have already been sanctioned by the government. It is essential to know that
in the past, the rural roads were not developed because of poor maintenance practices
and low contracting capacity. In essence, the PMGSY-II was successful in connecting
the major rural hubs with that of economically potential urban centres.
In PMGSY-III, the objective is to connect the rural habitations with the, (i) Grameen
(Rural) Agricultural Markets (GrAMs), (ii) Higher secondary schools and, (iii)
Hospitals.20The building of roads in rural areas has allowed rural habitations to flourish
beyond limits and has been able to maintain quality life, by having easy access to
infrastructural benefits such as, quality government and private hospitals and higher
secondary schools. It has become convenient for the agriculturalists to access markets,
which helps them to live a quality life. The rural life shall become more affordable in
2021, than any time in the past. Energy is the other primary sector which requires the
utmost attention. India is committed to various international norms such as, Paris
Agreement 2015, which is necessary for making sustainable India, which adheres to
the rights of future generations and therefore, it is necessary to build such an energy
efficient infrastructure, which will on the one hand, protect the human rights of the
future generations and on the other hand, will fulfil the energy requirements of the
nation. The launching of Deendayal Upadhyaya Gram Jyoti Yojana (DDUGJY) in 2015
is proved as one such step in the right direction. The major components of this
programme are, (i) Separate agricultural and non-agricultural feeders’ facilities to
deliver separate electricity to both agricultural and non-agricultural consumers, (ii)
Strengthening electricity transmission services in rural areas (iii) Target based
electrification of rural areas by subsuming the Rajiv Gandhi Grameen Vidutikaran
Yojana (RGGVY) with DDUGY. The other energy related infrastructural programmers
are, Pradhan Mantri Ujjwala Yojana (PMUY)21, which works towards providing clean
fuel to the households. Similarly, by way of Pradhan Mantri Sahaj Bijli Har Ghar
Yojana (Saubhagya),22 free electricity connection is provided to all the rural households,
including poor families. Rural Electrification Corporation (REC) is enshrined to do
this task. Inaccessible villages are subject to Solar Photo Voltaic (SPV) scheme, under
which, energy usage is fulfilled through solar energy. And, towards fulfilment of
social infrastructure, there is Pradhan Mantri Awaas Yojana (Gramin) (PMAY-G), whose
objective is to provide pucca (permanent) houses to all the rural homeless by the year
2022. The National Institute of Public Finance and Policy (NIPFP) is entrusted to
examine the impact PMAY-G on the economy and on the beneficiaries.
Infrastructural Development: Building Self-reliant India for the
21st Century
The recent pronouncement by Ministry of Finance, regarding the launching of National
Infrastructural Pipeline (NIP) with the estimated investment of Rs. 111 lakh crores in
building appropriate infrastructure in the coming fiscal years (from 2020-2025) is a
leap forward in the right direction, especially when we compare with the last seven
fiscal years, where only Rs. 57 Crores was invested into it. To make India, a self-
reliant economy, it is essential to work on building appropriate state of the art
infrastructures in collaboration with the private partners. The Public Private Partnerships
(PPPs) is not a choice but a necessity to build a nation based on the cooperation of
both public and private players. To deliver quality oriented infrastructure, the essence
lies in building better public-private partnerships. According to G Raghuram, there are
eight dimensions which have led to the infrastructural growth in India which are as
follows, (i) Project Structuring, (ii) Project Evaluation: Financial, Economic and Risks,
(iii) Sourcing of Funds, (iv) Tendering and Bidding Process, (v) Agreements, (vi)
Project Management, (vii) Post-Project Issues and (viii) Regulation and Dispute
Resolution.23
Conclusion
The self-reliant India movement (Aatmanirbhar Bharat Abhiyan) is a step in a right
direction, whose objective is to build nation’s economic capabilities and capacities, so
as to reduce dependence on the imports.While addressing the students of IIM
Sambalpur, Orissa on the occasion of virtual foundation of laying the stone for the
permanent campus, the PrimeMinister of India said that it is the right time for India, to
build new Multi-National Corporations (MNCs) within. He further said that during
Covid 19, India got indigenous permanent solutions for the PPE kits, masks and
ventilators and it also led to unprecedented reforms from agriculture to space. He
stressed on the fact that institutes such as IIM’s can be a bridging factor between the
Aatmanirbhar Bharat and International Collaborations, local produce and international
collaboration.
(Endnotes)
1. See Jessica Seddon and N K Singh, India Evolving: Infrastructure since 1991,
322-345 (Penguin Books, Delhi 1st edn., 2017).
2. Sanjeev Sanyal, “Preparing India for an Uncertain Post-Covid World”, YOJNA,
November 2020, p. 9
3. Tirthankar Roy, The Economic History of India: 1857-2010, 212 (Oxford
University Press New Delhi, 4th edn., 2020).
4. The strategy was to develop the domestic industries, behind the imposition of
high tariffs. And, this strategy was supposed to be carried on till these industries
becomes self-sustaining.
5. Industrial Policy Resolution 1948 and 1956.
6. Anand Singh Bhal and Supriya Malik, “Facilitating Self-Reliance”, YOJANA,
November 2020, p. 19.
7. Cesar Calderon and Luis Serven, “The effects of Infrastructure Development on
Growth and Income Distribution”, World Bank Policy Research Working Paper,
3400, (2004).
8. Naushad Forbes, “The growth we deserve: 2020 has been a strange interruption
and reversal. Unless we act now, we will have a stunted recovery”, The Indian
Express, Dec. 31, 2020.
9. Pradhan Mantri Awas Yojana-Housing for All (Urban), Ministry of Housing and
Urban Affairs, Government of India available at: https://www.pmaymis.gov.in/
(Visited on January 1,2021).
10. Survey conducted by Knight Frank India, The Indian Express, December 31,
2020.
11. Amitabh Sinha, “Lessons from a Pandemic”, The Indian Express, December 30,
2020.
12. Press release no. 101/2020 dated: 23rd December 2020 issued by Telecom
Regulatory Authority of India (TRAI), available at: https://www.trai.gov.in/
sites/default/files/PR_No.101of2020.pdf (Visited on December 26, 2020).
13. Nadagopal Rajan, “The world inside your home”, The Indian Express, January
01, 2021, p.
14. RoDTEP had replaced Merchandise Export from India Scheme (MEIS) in 2020
which was not complying with the World Trade Organisation’s (WTO) rules.
15. Govt extends benefits of tax refund scheme to all export goods from today”, The
Indian Express, January 01, 2021.
16. ENS Economic Bureau, ‘Festivals, action on evaders: GST revenue hits record
high growth”, The Indian Express, January 2, 2021.
17. Avinash G Dastidar, “Why Dedicated Freight Corridor matters – for Railways,
the Country”, The Indian Express, December 30, 2020.
18. Pradhan Mantri Grameen SadakYojna (PMGSY), which is fully Centrally

Sponsored Scheme (CSC) was launched on 25th December 2000 with the purpose
to provide all whether access to unconnected citizens of rural India.
19. IAP blocks are identified by the Ministry of Home Affairs.
20. Dr. Krishna Dev, “Importance of Infrastructure in Rural Development”, Kurukshetr,
January 2021, p.43-45.
21. PMUY was launched on 1st May 2016.
22. Saubhagya was launched on 25th September, 2017.
23. See G Raghuram, “Infrastructure Development”, YOJANA, January 2021, pp.
38-43 (38).
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Aatma-Nirbhar Bharat and the Influence of the Indian patent Regime 15
Aatma-Nirbhar Bharat and the Influence

of the Indian patent Regime
Abhishek Pandey Ishita Pandey

Advocate Student, 4th year, B.A. LL.B
Delhi High Court VIPS, GGSIP University
Abstract
The idea of an Atmanirbhar Bharat or a self-reliant India raises itself as a fresh

expression and yet recognised throughout the Indian soil. This visioned concept of the
Honourable Prime Minister of India Sh. Narendra Modi determines the following as
its five pillars – economy, infrastructure, technology-driven system, vibrant demography
and demand. These pillars are influenced with a notable number of factors, one of
such being the Indian Patent regime; since the patent systems have been constituted
for the encouragement and protection of new technologies and are created in the
interests of the national economy. Even the Union Education Minister Ramesh Pokhriyal
says that in the wake of a self-reliant India, “inventions alone are not enough to make
the country self-sufficient, it is also important to patent the inventions.” Therefore,
when self-reliance and the patent protection system are so apparently linked with one
another, it becomes relevant to expound upon this relation between the pillars of self-
reliant India and the Indian patent regime simultaneously studying the possible
influences upon one another.
Keywords: Self-Reliance, Economy, Technology, Intellectual Property, Patent Law.
Introduction
The world that we know about has been constantly evolving since times immemorial,
through both natural forces and human endeavours. The latter in the said course has
prevailed over the ages cloaked in various forms such as colonization, modernisation,
liberalisation, globalisation, urbanisation, etc. These versions of socio-economic
developments although kept changing from time to time, remained inherently unchanged
as far as their attitude towards the biodiversity itself was concerned. Today the planet
is witnessing a global disaster and the sufferer is none other than the one who abused
it in the first place. We were constantly met with new challenges which compelled us
to rethink about our outlook towards everything including life itself. Quoting Ed Yong,
science journalist for The Atlantic, “normal led to this.”1 Ed in his article wrote how a
nation as advanced as America was devastated by a virus and why a cultural overhaul
is essential there.2 “The pandemic has been both tragedy and teacher”, wrote Ed.3
Indeed, the pandemic was a direct attack on the economy of the nations driving them
helpless. India being a developing country was no exception to it, except the fact that
it stood out as a nation more powerful than any other developed nation. It not only
presented its strength against the disaster but also acted as a guardian angel for other
nations.
India demonstrated how cultivating self-reliance brings about the competency of
not only rescuing self but also saving others from the beaks of fire. India not only
successfully developed a vaccine against the virus but also arranged the same for
other nations. Yes, it is a collective effort of all the subjects of the country, yet one
man has to be given the credit of leading and revealing India’s true potential – our
Honourable Prime Minister of India Sh. Narendra Modi. His visioned concept of making
India a self-reliant country is a learning factor for other nations. The use of the word
‘Atmanirbhar’ holds a deeper message in PM Modi’s Atmanirbhar Bharat Abhiyan
calling out to every individual, before the nation, to become self-dependant. The
determined five pillars of a self-reliant India are economy, infrastructure, system,
vibrant demography and demand.4As laid down by PM Modi, the third pillar ‘system’
is based on the technology-driven arrangements for realising the ambitions of the
future.5 In economics, it is an established fact that technological advancement is the
fundamental element in deciding the welfare of a nation.6 Inventions lie at the root
cause of economic growth.7 However, inventions alone won’t suffice towards a self-
reliant nation, patenting of inventions is crucial in making the nation self-sufficient,
says the Union Education Minister Ramesh Pokhriyal. 8 Patent being one of the
Intellectual Property Rights, protects intellectual creations, concerning itself with the
protection of new technologies. Patents are created in the interest of the national
economy.9 Their object is to encourage innovation and develop new inventions leading
to increased industrial activity in the state.10 Therefore, when self-reliance and the
patent protection regime are so apparently linked to one another, it becomes relevant
to expound upon this relation between the pillars of self-reliant India and the Indian
patent regime. Thus, this paper will study their possible influences on one another.
The paper will also highlight the rationales of the patent system further analysing the
possible challenges occurring amid a patent system in the country. Lastly, it will
discuss the various IP programs incubated by the Indian government conducive to
self-reliance.
The Object and Theory of Patent Grant System

Patent is an exclusive right granted to the person who has invented any useful article,
or a process of making an article, not previously anticipated by any publication or use
elsewhere in the world, and is not obvious to the person skilled in the art. 11 The
exclusive right, upon filing an application with the respective authority, is conferred
by the statute, and therefore, has a territorial extent. This right doesn’t vests in a
person with the right of manufacturing, using or selling the invention, since, the said
interest would’ve otherwise subsisted in him in the absence of a patent; what the
person is granted is a right to exclude and abstain others from doing the same.12 This
exclusivity is limited to a time period of twenty years after which, it passes into the
public domain.13 Thus, the effect of a grant of patent is quid pro quo. Quid is the
knowledge disclosed to the public and quo is the monopoly granted for the term of the
patent.14
Patent & Innovation
Valuable technologies can never see the sun if others could easily feast upon the
creator’s hard work.15 Especially in cases where the invention is a machine or an
apparatus, its insight can be derived by dismantling it thereby becoming impossible to
protect against such disclosures in the absence of a patent regime.16 Patent grants the
inventor a time-limited right to work the invention in the said territory and exploit it
commercially which also enables him to receive monetary benefits. An acceptable
economic consideration in return is all that is needed to encourage innovators to consider
investing their time and effort into inventing something useful. Patent fills them with
this determination and their successful efforts simultaneously frees them from
competition. If an inventor is otherwise not capable or unable to work such invention
himself in the territory, he can licence such rights to others by way of assignment to
work out the patent.17 Such advantages to an inventor stimulates scientific research,
new inventions and industrial growth which is the ultimate aim of the patent regime.18
Patent & Economy
The patentee19 is granted a monopoly over the invention for a period of twenty years.20
Monopoly in all probability entails exploitation. For this reason, using such an expression
in the enactments was unpleasing to the common law yet it was allowed, considering
the fact that using of such expression would sprout encouragement amongst innovators
which will ultimately benefit the public interest.21 Therefore, monopoly in the hands of
the inventor is eventually for the public. In India, if an invention within three years is
not worked in the territory, or the legitimate conditions of the public aren’t fulfilled, or
the pricing of the invention is not feasible to the public, a compulsory license can be
granted on application by interested party against such patent; as per the Indian Patents
Act, 1970.22One should always remember that, “Patent systems are not created in the
interest of the inventor but in the interest of national economy. The rules and regulations
of the patent systems are not governed by civil or common law but by political
economy.”23 It would not be an amplification to say that the industrial advancement of
a nation highly depends upon its patent regime. A patented invention always holds the
tendency of a platform to build upon new ideas and maintain a continuous flow of
inventions. Invention breeds invention, thereby increasing the pace of inventive activity
which forces the manufacturers to retain their position by upgrading upon their
inventions in the anxiety that if they do nothing, someone else will; thereby eliminating
them from the track for an ample amount of time period.24 Hence, new articles are
created, industries are encouraged to manufacture improved goods and an expansion
of the industry takes place, thus creating employment, national wealth and a higher
standard of living.25
Scope of Legal Entrepreneurship
The cultivation of more innovations results in filing of more patent applications which
increases the odds of legal prosecutions, oppositions and litigations. This is where law
firms take the charge. Overflowing innovations level up the scope of legal
entrepreneurships as well. Inventors have a lot of concerns about the following –
protecting their inventions during product development, ascertaining whether their
invention is a patentable subject matter, evading cases of infringement, making the
most out of the patent systems to their business advantage, etc.26 And that is why they
have to rely on the guidance of such attorneys and law firms. This is where the
National Intellectual Property Rights Policy plays a significant role which came in the
year 2016. It will be discussed later.
The Challenges amid A Patent Regime
Innovations can shape the economy of a nation no doubt. However, the fact also
presumes that there is a continuous flow of inventions in the nation. Yes, efficient
patent systems are crucial for a nation’s development. Although, meagre sum of
inventions won’t do any good to the economy. It is to be understood that patent
applications in a nation are filed both by its natives and outsiders. This happens
intensively when, firstly, the country is technologically motivated implying that there
are plenty of people in the nation holding sufficient education in science and technology,
only then they are expected to develop an innovative temperament in the field; along
with the nation itself abundant in capital which is available for expenditure on industries
diffused with the said temperament.27 It becomes even more valuable when appreciable
amount of patent is filed from within the nation. Where filing by the foreign entities is
concerned, if they are operating from within the patenting country, it will add
substantially to the country’s economy. We will come to this later. Secondly, the
patented invention is being worked in the granting territory, which is not much of a
trouble if the first aspect is being adhered to.28
Challenges for the Developing Nations
When we say that a country must be technologically motivated or advanced which
requires sufficient capital for investment in its industrial activities, it raises a question
for the under-developed countries. Developing nations lack in large capital when
compared to developed nations. An innovative mind develops in an innovative
environment. A country having lesser financial assets leads to an even lesser industrial
development. Poor industrial environment holds an even lesser contribution towards
scientific and innovative research which in turn reciprocates to the quality of education
received by its people.29 As a result, the country receives more patent applications
from foreigners. This trend continues in most of the developing countries even today30
except some, where utility models hold an important place.Take India, for example.
From the year 2016-19 the amount of patent applications filed with the Indian Patent
Office by the residents is almost half the applications filed by non-residents (See
Chart 1 below). When a patent coming from the outside by a foreign company is
worked in the nation, the monetary transfer from the citizens is a tax paid to the
foreign entity which requires a transfer of real income from one nation to another.31
This defeats the whole purpose of the patent system of a country. The economy is
benefitted, but of the respective foreign nation to which the entity belongs to, and not
to the country working the patent. Even if some benefit is conferred to the patenting
country, it is remarkably less.
Chart 1: Total Patent Applications (Direct and PCT National Phase Entries)
2016 2017 2018 2019
Office Type
India Resident 13199 14961 16289 19454
Non-resident 31858 31621 33766 34173
Source: WIPO Statistics Database. Last updated: January 2021.32

The solution to this problem is if the foreign company invests its capital in the patenting
country by setting-up its own industries the nation will be highly benefitted from it.
One issue, however, will be of the availability of competent labour in the developing
nation required to pursue the industrial actions of the firm and second, if the patent
owners kept establishing their industries in every such country, it will eventually lose
on so much capital that such an investment would yield no profit to them at all.33 The
‘Make in India’ Initiative – An effort of the Indian Government, the ‘Make in India’
project was initiated in 2014 with the aim to encourage foreign enterprises to invest
and manufacture in the territory of India. This initiative has yet to achieve its goals,
although, it emerged at the peak globally for FDI, surpassing both China and USA.34
As of now, various renowned businesses such as Tesla, SAIC Motor, Hitachi, etc.
have announced about setting-up their manufacturing plants in India. KIA motors
have already set up their plants and planning to invest more in future.35
Challenge to Individuals & Small-scale Businesses

An invention shall be novel, non-obvious, capable of industrial application and patent
eligible36 to satisfy the requisite criteria of patentability.37 Once it is disclosed to the
public it ceases to be an invention. The threshold for novelty and non-obviousness is
subjective; varying from nation to nation. Most nations have high thresholds. High
threshold means high quality patents which is beneficial to both public and private
interests. The EPO rejects nearly 50% of the patent applications filed.38 This itself
poses as a greater challenge to the individuals and businesses, especially those operating
on small-scale levels and lacking in R&D. Some have even suggested reconsideration
of these thresholds and lower them in order to facilitate innovation especially in the
under-developed nations.39 However, it was highly criticised on the account of risking
filing of such applications which are based on relatively obvious adaptations thereby
violating the fundamentals of patent law.40
Scope for Utility Models in India

The utility model of patent exists in some nations such as Argentina, Australia, China,
Germany, Japan, etc. providing protection to the “minor-inventions”. 41 This model
sidesteps the rigorousness of the general patentability criteria of an invention encouraging
development and promoting innovation from MSMEs. Utility patent model played a
crucial role in Japan’s technological advancement as well while it was trying to catch
up to the Western nations.42 India doesn’t follow the utility model yet. The rate at
which the number of patents filed by the residents per year in India is still low,
considering the fact that there are thousands of technical institutes excluding industrial
sectors involved in the R&D processes43; not neglecting the fact that although, the
amount of patent filing has increased by more than 100% in comparison to the last
decade.44 The Japan Intellectual Property Association considers this model as an ideal
tool for advancement especially in the developing nations having lower economy. The
same was the case with them half a century ago when they started with implementing
the utility model.45 Therefore, India must adopt the utility model approach which can
boost its self-sufficient mission.
Efforts in IPR under Self-Reliant Movement
Industrial movement aids in developing generous employment, promoting self-reliance
and hence, crucial to the country’s growth. However, such movement must be a part
of long-term projects since they may not generate instant results.46 It takes time to
attract and set-up private capital which becomes even more challenging considering
the economic interests of the nation.47 However, it also signifies the importance of
government regulated policies and organisations to efficiently administer and realise
such undertakings.
KAPILA: Awareness Program On IPR

The Indian soil is enriched with talents and geniuses, but not all are aware about the
laws and their own rights. Not everybody is familiar with the existence of such laws
that can protect one’s own intellectual creation against others. To advance industrial
progress and economic growth of the country by way of technological stimulation,
patents are the foundation stone and we have discussed about it till now. But this same
piece of information is not bound to travel on its own into the public’s minds and
hence, it becomes the duty of the concerned authorities to first educate their citizens,
remind them, and make them aware about such mandates. And to that end, the Indian
government initiated the Kalam Program for Intellectual Property Literacy and
Awareness or KAPILA. This program was launched by the Union Education Minister
Ramesh Pokhriyal on October 15, 2020, honouring the Late Dr APJ Abdul Kalam on
his 89th birth anniversary.48 The purpose of this program includes raising of awareness
in the minds of both students and faculty of Higher Education Institutions, training
them, and enabling of IP protection of inventions originating from these institutions,
establishment of a credit course on IPR and sensitisation and development of vibrant
IP filing system.49
The Union Education Minister emphasized that inventions alone won’t be enough
to lead the nation towards self-reliance; patenting of such inventions is equally imperative
which will drive India towards self-sufficiency. Boosting the spirit of the country, the
Minister stressed on how the youth here is packed with talent and how they have to
integrate it with the abundant resources of the nation towards patent. By now, more
than 46,556 users have registered for the Union Government’s Intellectual Property
Literary project.50The KAPILA awareness initiative holds significance because it aims
at educating the individuals and nurturing their potential towards innovation which
should practically be the first step towards a greater innovation revolution.
Science, Technology, and Innovation Policy (STIP)

The 5th National Science, Technology, and Innovation Policy for public consultation
was initiated in the mid-2020 by the Government of India amid the crisis of pandemic.51
Its draft was released in December 2020.52 The purpose with which this policy has
been brought is to foster a system where research and innovation from the hands of
both individuals and organisations is encouraged and appreciated.53 The policy strives
to carry out its objectives through short-term, medium-term, and long-term mission
mode projects to compete at global levels.54The policy carefully takes into account the
IP system of the country. It aims to address the strengths and issues of the IP regime
pertaining to the regulating, licencing, allocating, transferring, holding and
commercialization of IP. The process of filing the application of patent and thereon
will be smoother and expedient. The policy also talks about creating awareness within
the citizens about IPR including sensitization of blooming researchers and scientists.55
There will be a close cross-linking between the instruments and priorities of the national
IPR policy and STI policy. Moreover, the grassroots innovators will be supported for
registration, claiming the IPR, filing of patent, or any type of legal claim with the help
of Higher Education Institutions.56
Mission Raksha Gyan Shakti
In 2018, the Mission Raksha Gyan Shakti was initiated with the aim of promoting the
IPR culture across defence sector.57 The mission was launched by the then Union
Defence Minister, Nirmala Sitaraman.58 It emphasized on how patents were necessary
for self-sufficiency while carrying the tagline “Mission Raksha Gyan Shakti – Intellectual
Property for Self-Reliance in Defence.”59 An IPR Facilitation Cell was also set up with
the objective of increasing awareness about IPR and number of patent filings in the
defence region.
The National Intellectual Property Rights Policy
The National IPR Policy came in 2016 with the objective of not only educating and
creating awareness amongst the individuals about IPRs as a marketable financial asset
and economic tool; but also assisting the IP systems and mechanisms towards more
efficiency.60 It came with the tagline – “Creative India, Innovative India”. The Policy
establishes the Department of Industrial Policy and Promotion (DIPP) as the nodal
authority to look after the changes and future enforcements of IPRs in India. The
Policy directs on reducing the time taken in processing applications and granting
registrations of IPs. It also aims at enlarging the scope of the Traditional Knowledge
Digital Library (TKDL). The Policy has significant role in understanding the small-
scale IP holders, especially in rural and remote areas. The Policy aims at lending
support to R&D through incentives such as tax benefits, financial backing for sales
and export and protection to start-ups against genuine risks.61
Conclusion
Managing a developing country with almost 18% of the world’s population is a quite
a task. It may seem difficult imagining India growing as an influential and industrially
advanced nation, but if one cares glancing at the past, they will realise that India has
come a long way through development. A decade ago, we became the largest and
most successful nation in creating digital identity of every individual through a biometric
database, and as a consequence, millions of bank accounts were opened years later;
followed by building a mobile infrastructure and digital transaction system for payment
across the nation.62 And now we are looking towards investment opportunities in
order to build India into an industrially advanced and self-reliant nation which will
require both consistent efforts and ample of time. ‘Make in India’ is an appreciable
movement, required that it is able to achieve what it aspires to, in the near future.
IPRs have a crucial role to play in fulfilling that distant dream. The nation requires a
balance between the contributions of the foreign and indigenous innovators in order to
make the most out of the patent regime in cultivating the economy of the country. But
first, its innovators need to nurture their innovative capabilities. The Indian government
has established various programs in the expectation of realising these potentials. This
can also be more efficiently possible if India inculcates the utility model of patents in
its system which can add substantially to the infrastructure of the nation just like it did
for Japan.
(Endnotes)
1. Ed Yong, “How the Pandemic Defeated America“, The Atlantic, August 04, 2020,
available at https://www.theatlantic.com/magazine/archive/2020/09/coronavirus-
american-failure/614191/ (last visited on February 18, 2021).
2. Ibid.
3. Ibid.
4. Building Atmanirbhar Bharat & Overcoming COVID-19, available at https://
www.india.gov.in/spotlight/building-atmanirbhar-bharat-overcoming-covid-19 (last
visited on February 18, 2021).
5. India News, “PM Modi calls for self-reliant India, lays down 5 pillars “The Times
of India, May 12, 2020, available at https://timesofindia.indiatimes.com/india/
pm-modi-lists-5-pillars-of-self-reliant-india/articleshow/75700425.cms (last visited
on February 18, 2021).
6. Knowledge, Technology and Complexity in Economic Growth, available at
https://rcc.harvard.edu/knowledge-technology-and-complexity-economic-grow
th#:~:te xt=In%20e conomics% 2C%20it%20 is%20widely,is%20what%20pro
sperity%20depends%20on. (last visited on February 18, 2021).
7. Ibid.
8. Patenting of inventions will make India ‘atmanirbhar’, says Education Minister
Ramesh Pokhriyal, available at https://www.moneycontrol.com/news/india/
patenting-of-inventions-will-make-india-atmanirbhar-says-education-minister-
ramesh-pokhriyal-5971891.html (last visited on February 18, 2021).
9. P. Narayanan, Patent Law 3 (Eastern Law House, Kolkata, 4th edn., 2006).
10. Ibid.
11. The Patents Act, 1970 (Act 39 of 1970), ss. 2(1)(j), 2(1)(ja), 2(1)(l).
12. Supra note 9 at 3.
13. Ibid.
14. Raj Prakash v. Mangat Ram Chowdhry and Ors., MANU/DE/0152/1977.
15. Shri Justice N. Rajagopala Ayyangar, “Report on the Revision of the Patent
Law”11(September, 1959).
16. Garware Wall Ropes Limited v. A.I. Chopra, Engineers and Contractors and
Anr., MANU/MH/1317/2008.
17. Ibid.
18. Bishwanath Prasad RadheyShyam v. Hindustan Metal Industries, AIR 1982 SC
1444.
19. Supra note 11, s.2(1)(p).
20. Id., s.53.
21. Supra note 9, at 13.
22. Supra note 11, s.84.

23. Novartis AG v. Union of India and Ors., AIR 2013 SC 1311.
25. Ibid.
26. Patent law, available at https://cfe.umich.edu/project/patent-law/ (last visited
on February 21, 2021).
28. Ibid.
29. Id. at 13-14.
30. WIPO Statistics Database, available at: https://www.wipo.int/ipstats/en/ (last
visited on February 20, 2021).
32. Supra note 30.
33. Ashish Bharadwaj, Vishwas H. Devaiahet.al.(eds.), Multi-dimensional Approaches
Towards New Technology - Insights on Innovation, Patents and Competition316
(Springer Open, Singapore, 2018).
34. Finance, “India replaces China as top FDI destination in 2015: Reports”, The
Economic Times, April 21, 2016, available at: https://
economictimes.indiatimes.com/news/economy/finance/india-replaces-china-as-
top-fdi-destination-in-2015-report/articleshow/51932057.cms(last visited on
February 21, 2021).
35. Carandbike Team, “Kia Motors Increases Investment In India To $2 Billion“,
carandbike, February 22, 2018, available at: https://www.carandbike.com/news/
kia-motors-increases investment-in-india-to-2-billion-1815786(last visited on
February 21, 2021).
36. Supra note 11, ss. 3,4.
37. Kalyan K. Kankanala, Arun K. Narasani, et.al., Indian Patent Law and Practice
17 (Oxford University Press, New Delhi, 2010).
38. Members of Special Committee Q198“Intellectual Property and Green Technology”
11 (May, 2014).
39. Ibid.
40. Ibid.
41. Utility models, available at: https://www.wipo.int/patents/en/topics/
utility_models.html (last visited on February 21, 2021).
42. Dr K. S. Kardam, “Utility Model –A Tool For Economic And Technological
Development: A Case Study Of Japan“ 168(2007).
43. Id. at 126.
44. Supra note 30. The number patent applications filed by residents in India were
8,853 in the year 2010 and 19,454 in the year 2019.
46. Supra note 15at 66.

47. Ibid.
48. Shailaja Tripathi, “KAPILA: Government launches campaign to create awareness
regarding Intellectual Property Rights”, JagranJosh, February 05, 2021, available
at: https://www.jagranjosh.com/current-affairs/kapila-government-launches-
campaign-to-create-awareness-regarding-intellectual-property-rights-1612512863-
1 (last visited on February 18, 2021).
49. Ibid.
50. Mridusmita Deka, “46,556 Registered For Government’s Intellectual Property
Literacy Project”, ndtv, February 04, 2021, available at: https://www.ndtv.com/
education/46556-registered-for-governments-intellectual-property-literacy-project
(last visited on February 18, 2021).
51. ArfaJavaid, “Science, Technology and Innovation Policy (STIP 2020): Here’s all
you need to know”, Jagran Josh, January 04, 2021, available at: https://
www.jagranjosh.com/general-knowledge/national-science-technology-and-
innovation-policy-stip-1609781153-1 (last visited on February 18, 2021).
52. Ibid.
53. Government of India, “Science, Technology, and Innovation Policy” 2 (Ministry
of Science & Technology, December, 2020).
54. Ibid.
55. Id. at 54.
56. Id. at 30.
57. India: Integrating Defence With IPR (Mission Raksha Gyan Shakti), available at:
https://www.mondaq.com/india/trademark/821844/integrating-defence-with-ipr-
mission-raksha-gyan-shakti (last visited on February 18, 2021).
58. India Current Affairs, “Defence Minister launches ‘Mission Raksha Gyan
Shakti’”,JagranJosh, November 27, 2018, available at: https://
www.jagranjosh.com/current-affairs/defence-minister-launches-mission-raksha-
gyan-shakti-1543337533-1 (last visited on February 18, 2021).
59. Supra note 58.
60. Government of India, “National Intellectual Property Rights Policy” 1 (Ministry
of Commerce and Industry, 2016).
61. India: Understanding the National IPR Policy, available at: https://
www.mondaq.com/india/patent/532614/understanding-the-national-ipr-policy (last
visited on February 21,2021).
62. India’s Tech Revolution Has Already Left The West Behind – It’s The Best
Investment Opportunity Now, available at: https://www.forbes.com/sites/
johnmauldin/2017/04/09/indias-tech-revolution-has-already-left-the-west-behind-
its-the-best-investment-opportunity-now/?sh=63be9a972360 (last visited on
February 21, 2021).
��
3
Building Public Health Infrasructure for
the 21st Century Self-reliant INDIA
Dr. Jasper Vikas

Assistant Professor of Law and Executive Director,
Centre for Tax Laws,
National Law University, Delhi
Abstract
‘Health is wealth’ is an old saying, and ‘sound mind lives in a healthy body’ is the
crux of life. And, in the present times, it seems that the aforesaid old sayings need
conversion into public health policy. The pandemic COVID-19 has given us an
opportunity to not only build a robust public health infrastructure to cater to the
future needs of such a level of catastrophes, but it has also helped us in building an
infrastructure, which should tackle such public emergencies at the initial level itself.
Right to health is a constitutional right. And, India is committed to follow Sustainable
Development Goals (SDGs), which can be a possibility only when India will build a
robust and healthy health infrastructure. India has already started building the same
by establishing 11 AIIMS in India. But, a lot more is still required to be done. The
Author, therefore, in the present chapter would firstly, discuss the condition of the
present public health infrastructure of India, which is into doldrums and requires an
immediate and urgent attention. ‘Primary Health Infrastructure’ (PHI), requires total
facelift, because despite being in 21st Century, the pregnancy management in India is
not in an appropriate shape at all and because of which most of the child deliveries
even today, are happening outside hospitals in a most unhygienic condition. Similar is
the state of affairs of child vaccination in India. In the second part, the Author would
discuss the present health policy and the place of health infrastructure in that policy,
so as to analyse the effects of such policies in the present context. It is necessary to
know the success of Accredited Social Health Activists (ASHA) workers and their
vital role in the present health infrastructure. In the third part, the best practices
would be discussed in detail so as make Indian Inclusive Public Health Infrastructure,
not only strong but, also easily accessible to all.
Keywords: SDGs, Covid-19, Public Health, PHI, Ayushman Bharat, Self-Reliant
India.
Building Public Health Infrasructure for the 21st Century Self-reliant INDIA 27
Introduction
Healthy citizens are always an asset for a nation and to be a successful and a self-
reliant nation, it is essential therefore to have a robust public health infrastructure to
maintain the health of its citizens. But, evidently, the pandemics such as, Covid 19,
prove both to be a boon and a bane for understanding the public health structure of a
nation. It not only has provided the opportunity to understand the importance of
‘Public Health Infrastructure (PHI) very closely, but has also opened the eyes of the
policy makers about the fact that we have lots of grounds to cover in building a strong
PHI. Covid 19 has also shown us that Public health is in shambles and requires strong
political commitment to come out of it, so as to deliver back to the society. Though,
the Governments’ initiatives of strengthening the PHI are commendable, particularly
about planning to have lot more institutions such as, All India Institute of Medical
Sciences (AIIMS) in India, yet there is a need for more.
Covid 19 has also exposed the flaws of present social security net as well as the
unsustainable social framework, which at the time of pandemics, affect the persons
most, who are standing last in the social security queues and therefore, there is a
necessity to come up with the PHI, which not only can provide basic social security
to the marginalised groups or persons, but which would also help in checking the
spread of the pandemics. Digitalisation in this regard proved to be a success, as it
allows Government to reach to the marginal and helps in building a robust PHI, which
provides twin benefit of checking the pandemics and building a digital social security
net to reach to the last in the queue. It is therefore essential to build up a robust, safe
and secure digital network, which has a capacity to reach to the marginalised and
disadvantaged groups and persons of the society to provide, accessible services. 1
Though pandemic has curtailed the movement of the people and has thereby, created
a solitude amongst masses, but it has simultaneously created a much necessary new
space for the other things to work upon2, such as, appropriate use of digital technology
in delivering health services. In Part – I of the Chapter, the present health infrastructure
policy of India has been analysed in relation to its effect on the marginalised and
disadvantaged groups and persons to examine as to whether it is good enough in
building a robust ‘Public Health Infrastructure (PHI) for a 21st Century self-reliant
India? And, in Part – II, the recent events and developments have been examined in
the light of Covid 19 pandemic in order to identify as to what are the challenges and
issues which affect the most and which issues are left out of the health policy in
reference to PHI. In Part – III, a detail discussion has been done on National Health
Policy 2017 and other Indian policy initiatives of India in order to examine as to what
India has to do in public health sector to achieve the status of a self-reliant nation. The
new digital eHealth policy is also elaborately examined to identify its outreach and as
to how it is helpful in including the marginalised persons into its ambit.
Public Health Infrastructure (PHI) of India
Since independence, the Indian public health policy towards building a robust and
sustainable infrastructure has been pragmatic in its approach. India has made a
significant improvement in building the health of the Indian population. Out of 30
million children born in India, 2 million used to die within one year till 1991 and
thereafter, the Indian health policy has taken a turn and in 2015, the children born are
expected to live 10 years longer than the children of 1991.3 And, the credit of this
success goes to the Governments, who have been able to build a sustainable PHI in
India. India came up with a credible, quality and economically sustainable drug
manufacturing, which not only covers the long waiting space of fulfilling the demand
of the medicines, but it has also made India a leading name in the sector of drug
manufacturing. Evidently, India is supplying 20 percent generic medicines to the world
and India is at forefront, when it comes to medical tourism.Despite achieving the
various milestones, Indian Public Health Infrastructure is still facing various long and
short-term challenges, such as,
(i) Malnutrition amongst the masses, especially in girl children
(ii) Increasing pollution levels in urban centres,
(iii) Lack of institutional support in providing pre-natal and neo-natal vaccinations,
(iv) Problem of open defections,
(v) Problem of Tuberculosis, Dengue, Malaria, etc.
Other than the above problems, there are many other issues which have a direct
bearing on the PHI of India, such as,
(i) Lack of education
(ii) Lack of clean water
(iii) Lack of nutritional intake among the low-income groups
(iv) Population explosion
(v) Increasing number of persons living below poverty lines, etc.
In short, Indian Public Health care was suffering from various primary level infirmities,
such as,
(i) No knowledge about one’s health status,
(ii) Irregularity in sharing information between the doctor and the patient and
(iii) Unpredictable cost of the health care expenditure.
Sometimes, lack of knowledge about the cost of expenditure becomes the major
impediment in going for the urgent medical attention.There are various schemes and
programmes launched by the Government to tackle the above referred issues, for
building a sustainable public health infrastructure, such as launching of National Rural
Health Mission (NRHM) 2005, whose aim was to come up with various programmes
to strengthen the PHI. Janani Suraksha Yojana (JSY) is one such scheme, which has
the provision for providing cash to the marginalised persons, so as to encourage them
for institutional delivery of the child. This has led to the phenomenal growth in public
institutional delivery system, which further led to the automatic reduction in the Infant
Mortality Rate (IMR). This shift in the public health policy from ‘family planning’ to
more resource based ‘child-health’ and ‘maternal-health’ has proved successful. In
fact, the growth of private health care has also lessened the burden of the PHI. And,
this has led to the boom in insurance sector, with plethora of companies entering into
the market to capture the health threat and rising cost of medical attention of the
middle class and even Government had also introduced various tax measures to change
the behaviour of the persons by providing them tax exemption upto a threshold for
investing in Mediclaim Insurance Policies.4
Though from the Assessment Year 2020-2021, these exemptions will not be available
anymore to the Income Tax assesses. In fact, since 1991, India has seen a tremendous
growth of big private hospitals, such as, Max, Apollo, Artemis, Venkateshwara hospitals,
etc. which led to the increase of Medial tourism in India, and this has also helped in
bringing latest medical technology to India. In this way, no doubt, India is in a position
to build an excellent Private Health Infrastructure, but, this type of growth has excluded
the marginalised persons from the society. Therefore, the present Government came
up with the National Health Policy (NHP) 2017, whose objective was to address
‘Social Health Insurance Schemes (SHISs) and therefore policy’s focus is on Universal
Access to Comprehensive Services (UACS)’.5 The objective of NHP, 2017 is to either
re-model the existing primary health care or completely revamp it, which is completely
free for all the citizens of India. The objective is also to provide quality ‘preventive and
curative’ public health care. There are various other health related programmes launched
by the Government to strengthen the PHI with the assistance of indigenous way of
practicing the medicines, such as promotion of AYUSH. A whole Ministry of AYUSH
(Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy) was established.6
The purpose of NHP is to promote private investment in the health sector, especially
for secondary and tertiary care.
Building Public Health Infrastructure for a self-reliant India, a

Post-COVID Priority
Covid 19, has affected the developing countries the most, as they lack both public and
private infrastructure to tackle the pandemics and India in this regard is not an exception,
yet India has shown determination to not only handle this situation well, but also in a
very short time, It has been able to work on the weaknesses of its PHI, so as to arrest
the spread of deadly Covid and in this way, provided a model to the developed nations.
India is already committed to attain Sustainable Development Goals (SDGs) by 2030
and for the fulfilment of these goals, it is necessary to work on the agenda of developing
the social sector, both because it can be instrumental in building India a self-reliant
nation and it also helps India in making intrinsic developments, necessary for attaining
long term goals, such as, building strong public health infrastructure for all.7
Achieving Nourishing Nation: Public Health Policy targeting

Chronic Malnutrition for Building Healthy Citizens
There is no doubt in the fact that nourished nations will automatically build ‘healthy
citizens’ which can take the challenge of pandemics in a better way. The pandemic
has affected the livelihood of the most, especially of those, who live their lives at the
‘margins’ and this has led further to the disruption in the supply chain of the Government
nutritional programmes and due to which, one can see the reduction in food
consumption amongst the marginalised persons. As a prime objective, the health policies
should first address the issues related to malnutrition, rather than reacting and
responding at the times of pandemics. By addressing malnutrition, the policy makers
are actually building strong citizens of India. This is the right time to address the
operation of National Nutrition Policy, 1993. Already available data clearly shows 40
percent dietary deficit amongst all the age groups of India.8 Present policy initiatives
are inadequate to bridge the deficit of protein and calorie – micronutrients.9 The condition
is more alarming in regard to the foetal malnutrition and maternal dietary deficits. The
issue is further aggravated when we look at the nutrition level of the lower income
households. The policy intervention is necessary here at two levels. First, at the level
of imparting and dissemination of the information to the households towards
approaching the nutritional levels necessary for a healthy and nutritious life, and second,
inequitable market conditions, which provide expansive energy diets for the elite and
middle class but no substitute for the lower income groups.
Strengthening Health System
The worst part of the pandemics like, Covid 19, is that they are neither the first and
nor are the last in the list. And, therefore a lot many States are already working
towards strengthening their PHI with the help of digital technology, by creating a
dedicated Public Digital Health Infrastructure to not only tackle the present outbreak
of Covid 19, but also to check the spread of such viruses and diseases in the future.10
Not only this, the pandemic has shifted the focus of the Government health policy
towards strengthening of the domestic manufacturing sector in essential components
and medical instruments such as, ventilators, medical masks and sanitizers, etc., so as
to build the foundation of a strong and self-reliant India. We are aware of the fact that
the war against the virus is not won yet, rather the findings of new strain of Covid 19
in United Kingdom (UK) and South Africa proves the fact, that the future roads are
not safe and there is a constant need to work on the PHI. The strain of UK’s Coronavirus
is proving dangerous because it not only transmits much faster than the previous
Covid 19 strain, but it also impacts the most. And, now there are reportings of other
mutant strains of Coronavirus too reported from different parts of the world.11
Covid 19 and Public Health Infrastructure

It is not an easy task for the vast country like India to, firstly, tackle pandemics like
Covid 19 by a state-run vaccination drive and then secondly, to check the transmission
of the virus within the community. India has successfully tackled both the issues,
with the help of the state-of-the-art digital public health infrastructure (DPHI) where,
digital technology is used to generate real time data for effective evaluation and
implementation of State-run programmes with the help of the team of Covid health
workers. But, while implementing the lockdowns, no one has realised its far-reaching
consequences. Lockdown has left millions without any means of livelihood and most
them were also not carrying the shelter.12
The Covid Vaccine Intelligence Network (Co-WIN IT)
The Covid Vaccine Intelligence Network (Co-WIN IT) platform is formed by the
Government of India to carry all the necessary information regarding the Covid 19
vaccination drive into it. It will certainly help in using information for better vaccination
drive. To reach to the last corner of India, the Government has set up additional 19
vaccine stores in the remote terrains of India such as Ladakh and also at places which
lack logistics support such as, North-Eastern States of India. Cold chain testing at
these stores is the hallmark. The system is already in place due to the presence of
Universal Immunisation Programme (UIP) and it is presumed that vaccination drive
will run throughout the year and may be beyond also and the Government is ready to
procure Covid 19 vaccination for its four Government Medical Store Depots (GMSD),
located in different parts of India, for northern region in Karnal, for west in Mumbai,
for south in Chennai and Kolkata for eastern region, for the successful Vaccination
drive.13 The doses of Covid 19 vaccine, Covidshield were shipped out of Serum Institute
of India (SII), Pune, to reach the nook and corner of India. For effective, secure and
speedy distribution of vaccine across the nation, the Government is coordinating with
the flight carriers.14
Protecting Health Care and frontline Covid Workers

India is able to successfully tackle the spread of Covid 19 pandemic only because of
its strong force of almost three crores of frontline health workers. This is the reason
why, in the first phase of vaccination drive, they all will be vaccinated on priority and
all the costs incurred for the same, will be borne by the Government. And, for the
purposes of effective administration of vaccination, the Government is ready to work
on three levels of administration, for effective implementation of the vaccination drive,
(i) For the effective monitoring of the beneficiaries of the vaccination drive, The ‘Real
time data’ would be uploaded on the website, (ii) Curbing the growth and spread of
misinformation and other rumours regarding the nature and delivery of the vaccination
and (iii) Adverse events would also be reported real time, for ensuring effective reporting
of the vaccination.15 This is the reason, why India has been successfully able to trace
the Covid 19 patients. ‘Contact tracing’ is picked in Delhi due to real time reporting of
the data, which helps in atleast two contacts for every Covid 19 patient between
March and September 2020. By 27th December 2020, in Delhi 40,96,410 contacts of
4,63,422 Covid 19 patients were traced and out of which 1,17,981 were found Covid
19 positive.16
Building Public eHealth Infrastructure (PeHI) for a Healthy Nation

On 15th August 2020, the Government has launched National Digital Health Mission
(NDHM) after a comprehensive survey of best practices available around the globe,
so as to include every citizen of India into it.17 eHealth is a policy initiative which is
inclusive of health surveillance, health education, cost effective securing of the
information and technologies.18Eysenbach has identified ten important components of
eHealth, (i) Efficiency, (ii) Enhancing quality, (iii) Evidence-based, (iv) Empowerment,
(v) Encouragement, (vi) Education, (vii) Enabling, (viii) Extending of Scope, (ix)
Ethics, and (x) Equity.19 eHealth though is not a new concept anymore, but its potential
to reach to the large number of population is underutilized. The building of the virtual
world and its outreach to each citizen by way of use of the Smart devices such as,
laptops, tabs, smart mobile phones, etc., is its strength. The success of eHealth can
be evaluated by the use of ‘arogyasetu’ mobile application itself, which not only has
reached to the maximum, but proved very helpful in surveilling the spread of Covid 19
into the community. eHealth solutions can also be termed as cost effective and affordable
and their outreach is beyond imagination, therefore, it is essential to build strong and
effective eHealth Public Health Infrastructure so as to reach to each and every citizen
of India. Though there are various other issues which affect its effectiveness, such
as, issues of security and privacy, and therefore, the need is also to safeguard the data
of the citizens.
The NDHM was initially built to support the integration of digital health infrastructure
of the country, on the basis of certain principles such as, efficiency, accessibility,
inclusiveness, affordability, time saving and safety and to fulfil the above goal, it
works towards the creation of Health Identity Cards (HIC), Digi Doctor (DD), Health
Facility Registry (HFR), Personal Health Records (PHR) and Electronic Medical Records
(EMRs). The purpose of NDHM is to provide a ‘holistic, comprehensive and
interoperable digital architecture’ and towards this goal a committee was constituted
by Ministry of Health and Family Welfare (MHFW) for the creation of a ‘National
Digital Health Eco system (NDHE) – an Eco system and not a System’. And, this led
to the building of a ‘National Digital Health Blueprint (NDHB)’ whose main objectives
are, (i) The establishment of digital health infrastructure, (ii) Promotion and adoption
of transparent standards for the development of ‘multiple digital health systems’,
(iii) Creating an easily accessible electronic register with the citizen’s consent for
securing the health records of the citizens, (iv) Devising means to establish patient as
the owner of his/her data, (v) Follow the cooperative federalism in coordinating with
the states and union territories, (vi) Promoting medical research, (vii) Promoting
efficiency and effectiveness of governance, (vii) Ensuring quality healthcare, and
(viii) Using existing information systems of the health sector. Under the eHealth initiatives,
the Government is using the penetration of smart devices such as mobile phones to
reach to each and every individual for securing their health services, and towards this
goal, the Government is coming up every now and then, with one or the other health
related mobile applications, such as, (i) ‘Arogya Setu’ – Covid 19 surveillance app, (ii)
Vaccine tracker applications, (iii) India fights Dengue, (iv) Swasth Bharat, (v) Mobile
applications providing information related to Government hospitals, and (vi) Pradhan
Mantri SurkshitMatritva Abhiyan (PMSMS) mobile applications for reporting the
pregnancies, etc.20 In this way, the Government is committed to provide effective and
efficient eHealth services to the citizens, which will be helpful for them in accessing
secure eHealth services more efficient than ever. There are certain other dedicated
health services also, such as ‘Kilkari’, for which a dedicated toll-free number has also
been assigned – 1800-3010-1703, and under this, approximately 72 hours of free
dedicated information regarding the pregnancy and other child care related information
is shared. Similar is the mobile based counselling to tackle the problem of tobacco21.
‘eAushidhi’ Drugs and Vaccines Distribution Management System (DVDMS) also
helps in smooth and seamless distribution of various drugs and other surgical items.
In this way, the digital health initiatives taken by the Government are commendable
and will certainly build the PHI of India.
There are various other facets of public eHealth infrastructure, such as running of
the real time website to update the progress of various total cleanliness drives run by
the urban cities. There are various sanitization programmes such as, developing Open
Defection Free (ODF) and solid waste processing to make a healthy urban environment,
run by the Government, whose objective is to achieve ‘SampurnSwachhata’ (Total
Cleanliness) in Urban Centres, and impact of such programmes can be seen in ‘Swachh
Surevkshan’ framework, which has enabled the Ministry of Housing and Urban Affairs
(MoHUA) to work more prolific in Swath Bharat Mission-Urban (SBM-U). Digital
survey is one of the bench-mark of Swacch Bharat Mission.22
Ayushman Bharat: Public health innovation for the 21st Century

Self-reliant India
Without public health innovation, it is difficult to achieve the objective of building

robust PHI for 21st Century India. India’s objective is to reach for ‘Health for all’
which is linked with Universal health Coverage (UHC) so as to fulfil the Sustainable
Development Goals (SDGs) 2030.23 Ayushman Bharat is a programme to cover the
whole India, comprehensively. And, under this, the benefits are available to the
marginalised persons and groups. Ayushman Bharat holistically covers two inter-related
components, (i) Health and Wellness Centres (HWCs) and (ii) Pradhan Mantri Jan
Arogya Yojana (PM-JAY). And, to create 1,50,000 HWCs, the Government in February
2018, has announced the transformation of the already existing Sub-Centres and Primary
Health Centres. In this way, in an integrated way, the HWCs would run and keep the
persons healthy. Similarly, PM-JAY is considered as one of the biggest comprehensive
schemes, which is intended to cover the whole India. Under this scheme, approximately
50 crore beneficiaries would be benefited. In fact, pre-existing ailments are also covered
under the scheme, from day one.24 The rural sector is also tremendously benefited by
the PM-JAY. In fact, to address the issues related to Rural health care, there are
certain other initiatives also, such as, rural health care is addressed by three tier system
of, (i) Sub-centres (SCs), (ii) Primary Health Care Centres (PHCCs), and (ii)
Community Health Centres (CHCs).25
Concluding Observation with Suggestions

The Government is moving in the right direction through implementation of National
Health Policy (NHP) 2017. But the problem is of effective implementation of the
policies. There is an urgent need to address Public Health Infrastructure, because,
even today, the majority of Indian population lives below the poverty line and there is
a large number of low-income groups which, forget about the nutritional diets, are not
even in a position to have two meals a day. It is therefore essential to synthesize
various schemes and programmes for effective management of building health of the
nation. The primary step in this regard can be the effective interface and integration of
National Health Policy 2017 with that of National Nutrition Policy 1983 and National
Plan of Action on Nutrition 1995. This will not only help in addressing the issue of
widespread malnourishment amongst the masses, especially children and women, but
it will also make them an important stakeholder of National Health Policy 2017. It is
essential for a good policy to have following four objectives, (i) Clarity in Objectives,
(ii) Strategic design, (iii) Financing, and (iv) Outcomes, and all-in sync with each
other.26 Secondly, it is necessary to provide Government support for public health
issues, as it would automatically address the health issues of the persons living at the
margins. Covid 19 has certainly created both, a challenge and an opportunity. There is
no doubt in the fact that now, when the cities will be opened more for the public, they
will be more hygiene and clean and certainly would carry the habits of maintaining
virus free-zones. But there are administrative lapses also, which needto be addressed
such as non-detection and non-reporting of the infections. Evidently, a “robust disease
surveillance system backed with active testing, contact-tracing, and isolation or
quarantine”27, can prevent the spread of deadly pandemics like the present one. On
priority basis, an expert group NEGVAC (National Expert Group on Vaccine
Administration for COVID-19) has been constituted in India to urgently address the
challenge of vaccine distribution. The Indian initiative of building a robust Public
Health Infrastructure is in line with making India a self-reliant nation in the 21st Century.
(Endnotes)
1. Bhaskar Chakravorti, “The new boulevards and sewers”, The Indian Express,
Friday, January 01, 2021, p.13.
2. See Manas Ray, “The reinvention of Solitude: If the pandemic has curtailed
movements, it has opened up new spaces too”, The Indian Express, Friday,
January 01, 2021, p.13.
3. See Nachiket Mor, Diva Dhar and Sandhya Venkateswaran, “Healthcare in India:
A Fork in the Road” in Rakesh Mohan (ed), India Transformed: 25 years of
Economic Reforms, First edition (2017, Penguin India) p.384.
4. Section 80D of the Income Tax Act 1961 provides exemption from tax in case of
investment made inMediclaim policies. This exemption is in addition of Section
80C where life insurance premiums are already subject to exemption upto rupees
one and a half lakh only.
5. Ambarish Rai, Srijita Majumder and Dipa Sinha, “The right to Education and
Health: Is the State giving up”, in Nikhil Dey, Aruna Roy and Rakshita Swamy, We
the People: Establishing Rights and Deepening Democracy (Rethinking India
Series)”, First edition (2020, Penguin) pp.41-52 (48-49).
6. See Ministry of AYUSH (https://main.ayush.gov.in/, last accessed on 13.01.2021,
at 11:05 PM).
7. S Mahendra Dev, “The post-Covid Priority”, The Indian Express, Saturday,
January 9. 2021, p. 11.
8. The National Monitoring Bureau’s, (NMB) third repeat survey of 2012.
9. Veena S Rao, “Nourishing the Nation: Improving diet of low-income households
is only way to address chronic malnutrition”, The Indian Express, Saturday,
January 9, 2021, p. 11.
10. Amitabh Sinha (Science Editor), “Lessons from a Pandemic”, The Indian Express,
Wednesday, December 30, 2020, p. 15.
11. See Bloomberg, Sunday, January 10, 2021 (https://www.deccanherald.com/
science-and-environment/now-japan-says-it-found-new-coronavirus-variant-
similar-to-uk-strain-937495.html, Last accessed on 15.01.2021 at 10:55PM).
12. See Vinay Lal, The Fury of Covid-19, The Politics, Histories, and Unrequited
Love of the Coronavirus”, First edition (2020, Macmillan) pp. 68-78 (71). It is
found that the migrant workers were left out of the mainstream public health
planning, therefore, they start moving towards their home States, and due to lack
of means of livelihood, they suffered both at mental and physical level.
13. Kaunain Sheriff M, “Rollout Countdown: More Vaccine Storage points, Dry runs,
Extra training”, The Indian Express, Thursday, January 7, 2021, p. 8.
14. See Pranav Mukul, Prabha Raghavan, Anuradhha Mascaren has and Atikh Rashid,
“Vaccine hit the road, over 50 lakh doses are shipped across India”, The Indian
Express, Wednesday, January 13, 2021, p. 1.
15. See Kaunain Sheriff M, “Centre will pay for the first three crore shots”, The
Indian Express, Tuesday, January 11, 2021, p. 1.
16. See Sourav Roy Barman, “Contact tracing picked up after September in Capital”,
The Indian Express, Monday, January 11, 2021, p. 3. The data is collected from
the Directorate General of Health Services (DGHS).
17. The objective of NHP 2017 is ‘Health and well-being for all at all ages’.
18. See Dr. Manisha Verma, “Towards ‘SarveSantuNiramaya’ – India’s eHealth
Revolution”, Kurukshetra, December 2020, p. 11.
19. G Eysenbach, “10 e’s in eHealth”, Journal of Medical Internet Research, [2001
Apr-Jun; 3(2): e20]
20. See Dr. Manisha Verma (p. 13) for details discussion on eHealth initiatives of the
Government of India.
21. Tobacco Cessation Programme (TCP) is a mobile based intervention programme
to help and counsel the persons who are habitual tobacco users.
22. See Durga Shanker Mishra, “Cleaner Cities”, YOJANA, December 2020, p. 16-
17.
23. See Prof. (Dr.) Balram Bhargava, “Public Health Innovation”, YOJANA, January
2021, p. 34-35.
24. See Ayuhman Bharat (https://pmjay.gov.in/about/pmjay last accessed on 14.01.2021
at 11:55 PM).
25. See Pankhuri Dutt, “Rural Healthcare in India”, Kurukshetra, January 2021, p.
39-40.
26. K Sujatha Rao, “Care and Caution: Peoples confidence is a must for a successful
roll out of the Covid-19 vaccine”, The Indian Express, Thursday, January 14,
2021, p. 10.
27. See T. Sundararaman, “Challenge and Opportunity”, Frontline, January 15, 2021,
p. 4-5. The administrative challenges and introduction and administration of the
vaccines discussed extensively.
��
Insolvency Regime for MSMEs in Post -Pandemic Era 37
4
Insolvency Regime for MSMEs in
Post -Pandemic Era
Dr. Vikesh Ram Tripathi Mr. Amitesh Deshmukh

Assistant Professor Assistant Professor
National Law University, Delhi NLU, Jodhpur
Abstract
The enforcement of IBC has been based on the premise that for a healthy business
environment, freedom of exiting business from market is also important in order to
maintain optimum allocation of resources. Time and again via judgments, researches
and policy papers this has been maintained that the main aim of IBC is to ensure that
the viable enterprises are rescued and rehabilitated. The Insolvency Law Committee
in its reports has looked into the situation of MSMEs as well.In these troubled times
of ongoing pandemic, the businesses are hit by definite crisis. The markets are going
down, successive lockdowns and the superimposing uncertainty of the times, add to
the miseries of small businesses as their economic well-being depends on a particular
geographical area or other enterprises. Though the step may prove beneficial for
MSMEs that want to run in the market in the meanwhile, but the curtail certainly has
to be opened up someday and a regulatory mechanism has to be adopted so as to
ensure that the uncertainty of market doesn’t bring otherwise viable MSMEs towards
closure.In this research article, the authors would look into the present insolvency
regime for MSMEs and would try to determine what changes shall be needed in the
regime and the decision-making process of committee of creditors in order to ensure
that the viable small and medium businesses (going through temporary crisis) are left
unharmed.
Keywords: Insolvency, MSMEs, Pandemic, Economy,
Introduction
MSMEs, in India, contribute to as close as eight percent of gross domestic product
(GDP), forty percent of exports and almost forty five percent of manufacturing
output. Figuratively speaking, MSMEs (according to the author) can be said to be
backbone of the Indian economy. By introduction of Micro, Small and Medium

Enterprises development act, 2006 the central government has brought in the
legislative infrastructure for promotion of small-scale businesses in India. MSMEs
are primarily engaged in manufacturing, production, or preservation of goods.
According to the 2006 act, an enterprise “means an industrial undertaking or a
business concern or any other establishmentby whatever name called, engaged in
the manufacture or production of goods” 1.MSMEs are a significant area for the
Indian economy and have contributed monstrously to the nation’s financial turn
of events. It creates business open doors as well as works inseparably towards
the advancement of the country’s backward and rural zones. As indicated by the
yearly report by the Government (2018-19), there are around 6,08,41,245 MSMEs
in India.Corporate Insolvency law consists of regime guiding for resolution of
insolvency of financially unviable corporate entities. Unlike US and UK that employ
cash flow and balance sheet tests, in India a minimum threshold of default is
needed for initiation of corporate insolvency resolution process (CIRP). The
Insolvency and Bankruptcy code provides that the part II of the code “shall apply
to matters relating to the insolvency and liquidation of corporate debtors where
the minimum amount of the default is one lakh rupees”2 , but in the proviso of
section 4 the Central Government has been delegated the power to “specify the
minimum amount of default of higher value which shall not be more than one
crore rupees”3 .For the matter of reference, ‘default’ “means non-payment of debt
when whole or any part or instalment of the amount of debt has become due and
payable and is not 1[paid] by the debtor or the corporate debtor, as the case may
be;”4
In the wake of ongoing pandemic, the central government has made two significant
changes in the insolvency law regime. First, the threshold of default has been
raised to one crore rupees w.e.f. 24th March, 20205, and second, suspension of
initiation of CIRP for defaults made after 25th March under sections 7, 9 and 10 by
inclusion of section 10A, vide amendment ordinance 2020 6. So, in the present
situation no new application could be filed for initiation of CIRP post-25 th March
and the threshold for initiation of CIRP for defaults upto 25 th March has been
raised to one crore.It is well to be noted that MSMEs have been kept in consideration
by the government in its very recent Atmanirbhar Bharat Package, and other reforms
are also in line under the aegis of the code itself. This research discusses the
relevance and importance of MSMEs, establish how the MSMEs might be at risk
in post-pandemic period and finally the authors have discussed certain suggestions
as given by policy stakeholders to ensure optimum protection of MSMEs.
Role of MSMEs in Indian Economy

MSMEs produce and manufacture an assortment of goods for both domestic and
global markets. Since the establishment, the MSME sector has demonstrated to be
an exceptionally powerful segment of Indian economy. They have advanced the
development and improvement of khadi, town, and coir ventures. They have
teamed up and worked with the governments, and partners towards bringing the
rural areas forward.They have helped in the industrialization of these territories
with a low capital expense contrasted with the huge businesses. MSMEs have
assumed a fundamental job in giving business openings in rural areas. The MSME
area has immensely added to social-economic development.Under the aegis of
Prime Minister’s Employment Generation Program (PMEGP,) during the years
2014-15, 2015-16, 2016-17, 2017-18 2018-19, in micro enterprises 3.58 lakhs,
3.23 lakhs, 4.08 lakhs, 3.87 lakhs and 5.87 lakhs, employments were created
(number of people) respectively7.The below-mentioned data, represented in a tabular
format, is by the Central Statistics Office (CSO) and Ministry of Statistics &
Program Implementation.
Contribution of MSMEs in Country’s Economy at Current Price8
MSME- Share of
Total Share of
Addition Total MSME in
Year Growth (%) Addition of MSME in
of Gross GDP GDP (in
Gross Value GVA (%)
Value %)
2011-12 2622574 – 8106946 32.35 8736329 30

2012-13 3020528 15.17 9202692 32.82 9944013 30.40
2013-14 3389922 12.23 10363153 32.71 11233522 30.20
2014-15 3704956 9.29 11504279 32.21 12467959 29.70
2015-16 4025595 8.65 12566646 32.03 13764037 29.20
2016-17 4405753 9.44 13841591 31.83 15253714 28.90
Source: Central Statistics Office (CSO), Ministry of Statistics & Program

Implementation
Importance of MSMEs for the Indian Economy

MSMEs are considered as a media of socio-economic growth and for promotion
of equitable development. Owing to MSMEs impact on public in general, their
existence is characterised with high growth rates in economy. In India, MSMEs
have brought forth business ventures that require lower investment, have flexible
operation, and capability to innovate and utilize local techniques.
1. MSMEs have created around 12 crore employments, and hence is the
second-largest employment generating sector.
2. MSME ministry has set its target contribution towards GDP at around 2
trillion dollars by 2024 as India envisions to be a 5 trillion dollar economy9.
3. It contributes around 45% of overall exports from India.
4. MSMEs promote all-inclusive growth by pr oviding employment
opportunities, especially to people belonging to weaker sections of the
society in rural areas.
5. MSMEs in tier-2 and tier-3 cities help in creating opportunities for people
to use banking services and products, which can amount to the final
inclusion of the contribution of MSMEs for the economy.
6. Contributes 6.11 per cent of the manufacturing and 24.63 per cent service
activities related GDP, from around 63.4 million units in the country. 10
In all, the MSME sector is a vital part not only of Indian economy but of Indian
socio-economic life. They set up as defence against economic crisis and hence
should be protected from post-crisis effects.
MSMEs and Corporate Insolvency Law

Corporate entities such as companies and LLPs can be conferred the status of MSME,
when they fulfil the relevant criterion prescribed under MSME Development act, 2006.
No separate mechanism for resolution of insolvency has been provided for corporate
entities that are MSMEs, which makes them go through the same process neglecting
their special position in the economy. According to the recent discussions in ILC
reports, it can be meted out that the committee is of opinion that MSMEs deserve
certain special treatment under the code. Though with inclusion of section 240A, the
legislature has made paved the foundation of special mechanism, but the government
does not seem to utilize the said prowess.In order to understand what effect does the
corporate insolvency law has on MSMEs, it is pertinent to understand the role of
MSMEs in Insolvency infrastructure. An MSME may indulge in insolvency resolution
process under two different capacities. Firstly, as a Corporate Debtor. Meaning thereby,
when CIRP is initiated against an MSME. Secondly, as an Operational Creditor, as
MSMEs are generally engaged in supply of goods and services to other enterprises.So,
the role of MSMEs in Corporate Insolvency Law regime may be discussed in a two-
fold manner:
MSME as Corporate Debtor
MSMEs work in a financial ecosystem and hence are bound to be engaged in bargains,
and hence inclined to fulfil certain monetary obligations. So, the MSMEs are also
indulged in borrowing contracts and therefore liable to its creditors. When default
occurs on the part of concerned enterprise, the creditor may invoke the mechanism
provided under the insolvency and bankruptcy code. Whereas, it is pertinent to note at
this juncture that “insolvency proceedings of MSMEs more often result in liquidations
than successful revivals”11 The problem is further aggravated owing to peculiar
circumstances of MSMEs, which are characterised with (a) indispensability of
management because of personal relationships of promoters and managers with

stakeholders, (b) inadequate record keeping, (c) limited geographic extension of
businesses, (d) weak or no financial backup for carrying out the resolution process.
These factors hinder the resolution process at various stages, from initiation of process
to continuation of business by new management in case the management gets
replaced.Further, the 2020 ordinance by inclusion of section 10A has barred the
corporate debtor from voluntarily initiating the CIRP whereby necessitating the unviable
entities as well to keep floating in the market.
MSME as Operational Creditor
As per the Cabinet approval in June 2020, an enterprise to be an MSME the investment
and turnover should be within the limits as given below in the table.1212Anurag Vaishnav
& Saket Surya, Definition Of MSMEs, available at:
Further, micro enterprises account for more than 99% of the total MSMEs 13 .
Considering the given proposition, about 99% of MSMEs have their investment less
than 1 crore and turnover less than five crore. Comparing this with the present threshold
of initiating CIRP, i.e. one crore, it’s almost impossible for a micro enterprise to
sustain its financial health before it is eligible to file an application before adjudication
authority under the code.Thus, the legal structure that was supposed to help the
MSMEs is itself sabotaging their interests as they do not become eligible to seek the
remedy available to them unless they themselves do not start suffering from miserable
financial conditions.Finally, MSMEs cannot initiate CIRP against its debtors till section
10A of the code is in force, and shall not ever be eligible to claim their money under
the code. Considering that MSMEs are generally unsecured creditors, remedies available
to them under debt recovery laws are also seldom.Considering the above arguments,
it is important to establish a structure that saves these enterprises from the wrath of
the macro-economic downturn that has happened because of the on-going pandemic.
Measures to save the MSMEs
As it is important to point out the flaws in the present system, it is pertinent to suggest
measures for reinforcing the mechanisms. In this chapter of the paper, authors shall
discuss what measures can be adopted for protecting the MSMEs.
Suggestions by IBBI
In their news-letter for April to June, the IBBI’s Chairperson has put forward the three
phase response plan14. Certain key-suggestions that might be fruitful for MSMEs are
hereby discussed by the authors:
- Out-of-court or hybrid workout framework
Out-of-court or hybrid frameworks would promote mediation or conciliation
as a mode for resolution of disputes in insolvency resolution process.This
might prove fruitful for MSMEs as they work mainly on private relations of
the proprietors and out-of-court settlement mechanisms give parties a chance
to resolve their disputes by agreement while not resorting to adversarial

proceedings.
- Bridge financing
Finance should be made available to the debtors who are undergoing the
resolution process. This would ensure smooth running of business while the
insolvency is resolved.
- Technology enabled proceedings
E-filing and virtual hearings have been a highlight for legal practitioners in
present times. Infusion of technology in court proceedings has made
representation far easier for outstation parties. Though the creditors may still
participate in meetings of committee of creditors via audio-visual means,
further inclusion of online mode in insolvency related dispute resolution will
ensure proper representation of the parties in the troubled times.
- Suspending the requirement of liquidation
It is important to exit the unviable businesses from the market, but it is vital to
protect the viable enterprises, from closure, that are incurring losses for time
being. Suspension of requirement of liquidation of the debtor in case of
stoppage of business activities while undergoing resolution, will ensure that
viable businesses that have stopped running do not get exited from the market.
- Modifications in repayment schedules and plans
In the third phase characterised with the after effects of the crisis, repayment
plans and schedules of still pending debts can be modified so as to ensure
smooth running of businesses. The suggestion seems to be driven by the
anticipation that the businesses will make profits while the third phase goes
on.
Suggestions by VIDHI
Vidhi Centre for Legal Policy in their briefing book on post-covid India have proposed
their measure for insolvency resolution of MSMEs15.The suggestions seem to be driven
towards a faster, cheaper and debtor friendly process for insolvency resolution. Some
important characteristics can be condensed as under:
- Fast track insolvency process can be utilised for insolvency resolution;
- Debtor-in-possession approach;
- Promotors should have right to control the debtor till they propose better
resolution plan.
Inclusion of MSMEs in fast-track insolvency resolution process proposes newer
synergies for resolution of insolvency in MSMEs. As discussed earlier, bearing the
costs of the CIRP process is a problem for MSMEs and also the time is much longer
(330 days) is too long for an MSME to sustain through. Presently, the FTCIRP
mechanism is available only for small companies and start-ups.
Suggestions and Conclusion

MSMEs are vital organs of Indian economy and are given due importance in all socio-
economic policies. Though already the structure has been made conducive for them,
the macro-economic downturn spearheaded by the pandemic posed a threat to the
health MSMEs. Considering their unique and peculiar situation, they need special policy
considerations.Though the suggestions as proposed by IBBI and VCLP seem to be
adequate, implementation should be made with keen caution.Concluding the discussion,
the authors would wish to give some suggestions:
- Throughout the territory of the country MSMEs though are subject to similar
legal obligations and entitlements, they differ from each other in their financial
structures and revenue models. The implementation of the measures should
be done while being cautious of preservation of the fabric.
- There is no provision as to the choice of FTCIRP by an entity that isn’t
otherwise notified. Making the option available for the MSMEs shall make the
process more flexible for them as the fast-track process takes lesser time
(one hundred and thirty-five days) and also is comparatively cheaper. Hence,
GTCIRP could be made optional for MSMEs.
- Forgiving mechanism for remaining debts could be used, but only as the last
resort.
(Endnotes)
1. Section 2(e), MSME act
2. Section 4, Insolvency and Bankruptcy Code, 2016.
3. Id
4. Section 3(12), Insolvency and Bankruptcy Code, 2016.
5. Notification S.O. 1205(E) dated March 24, 2020.
6. Section 10A, Insolvency and Bankruptcy Code, 2016.
7. MSME Sector Contributes Significantly to Indian Economy, available athttps://
pib.gov.in/Pressreleaseshare.aspx?PRID=1579757.
8. MSME annual report 2018-19, available at: https://msme.gov.in/relatedlinks/
annual-report-ministry-micro-small-and-medium-enterprises.
9. Centre envisions $2 trillion contribution from MSMEs in $ 5 trillion economy
target, \available at: https://economictimes.indiatimes.com/small-biz/sme-sector/
centre-envisions-2-trillion-contribution-from-msmes-in-5-trillion-economy-target/
articleshow/72955614.cms?from=mdr.
10. Micro, Medium & Small Scale Industry, available at: https://www.cii.in/
Sec tors . aspx ?enc =prvePUj2 bdMt gTmvP wvis YH+5 EnGjyGXO9 hLE
CvTuNuXK6QP3tp4gPGuPr/xpT 2f #:~: text=With %20ar ound% 2063.4 %20mi
llion%20units,33.4%25%20of%20Iindia’s%20manufacturing%20output.
11. Towards a Post- COVID India: 25 Governance Challenges and Legal Reforms,
available at: http://www.vidhilegalpolicy.in/research/towards-a-post-covid-25-
governance-challenges-and-legal-reforms/.https://www.prsindia.org/theprsblog/
definition-msmes.
13. Supra note 12.
14. Dr. M S Sahoo, ‘Insolvency in the Times of COVID-19’,IBBI e-newsletter, April-
June 2020, available at :http://www.ibbi.gov.in/uploads resources 19f 5dd 1867e
29b4040 46912d f 2b065f8 .pdf.
15. Supra note 11 at 46-47.
��
PPP Based Electronic Universal Databank 45
5
PPP Based Electronic Universal Databank:
A Solution to Curb Unregulated Artificial
Reproductive Tecnology Centres
Dr. Neelu Mehra Ms. Aditi Singh
Assistant Professor Research Scholar
USLLS, GGSIP University USLLS, GGSIP University
Abstract
Birth and death are the most basic of human events and reproduction transcends the
boundaries of individual lives to signal the survival and continuation of the family
and the species. Fertility is revered in almost all cultures and the ability to reproduce
is perceived as a milestone in adult development. Reproduction frequently stands as
the marker for adulthood. The idea of becoming a parent is deeply rooted in every
culture and continually reinforced by social norms, consequently a couple experiences
both internal and external pressure to have children. However, some individuals may
not be able to have children due to the problem of infertility. It may be caused due to
social or medical reasons and it acts as a major barrier for exercising the right to
procreation. Since the ability to reproduce is usually taken for granted, the realization
of infertility problems come as a shock and is often termed as a crisis in life. For such
people, the advent of Artificial Reproductive Technologies has been nothing short of
a new lease of life. This paper focuses on the advent and development of ART centres.
How the lack of regulation and laws thereof has led to mushrooming of such centres
flouting the norms in India. The author then proposes the idea of a start-up which
would provide a one stop solution to people looking for any kind of information
relating to ART, including a universal databank. Further citing suggestions as to how
it can be made into a profitable enterprise for both the proprietor and the end user.
Keywords:SDGs, Covid-19, Public Health, PHI, Ayushman Bharat, Self-Reliant India
Introduction
Human beings are touted as social beings who take great pride in living with a familial
sense of community. But they take much greater satisfaction in knowing they are not
alone, that they are bound to others by family, by blood, by genetics. Being childless
doesn't fit in the parochial definition of a family. All these bonds and afflictions create
a much bigger longingness to have a family. All beings, in general, have the innate
desire for parenthood, but due to the sense of commonality and community, humans
have a much greater yearning to create a family by biological means. All these hopes
and expectations ofhaving a family, havingoffspring who can take the family name
forward and are a reflection of their parents,create an unrealistic expectation on couples
to have biological children. In addition to that, having children is associated with a
man's machismo. The patriarchal system of the family where the family home is the
husbands' place of residence, inheritance is guided by having a male heir, caste, lineage,
family name, and honour are all associated with having a child. In fact, having a male
child automatically places unwarranted importance on fertility and reproduction. All
these social systems exert a fictitious weight upon the women to reproduce and so
much so that their self-worth is associated with their ability to beget a child and a
barren-women is more often than not assumed undesirable by her husband. Women
also exert themselves to have children since it brings them a sense of power to negotiate
their terms of existence.
Procreation: A Social Construct
Producing a child is given so much weightage that being childless is looked down
upon as a social and civic health issue instead of a private and personal matter of the
individuals involved. There are studies conducted that conclude that sterility leads to
economic impoverishment. Families from modest backgrounds take children as their
future investment; more hands to earn and feed means there will be better chances of
more earning members, thereby causing an improvement in their economic status.1
The subject of childlessness of either primary or secondary nature is gigantic enough
to affect approximately 180 million couples in developing countries. 2 It takes the
global average to 9%.3 In India, nearly 10-15% of the married couples suffer from
infertility4 or the complete lack of ability to conceive by any biological means.5 The
stigma attached with being childless is so huge that in extreme cases, it may lead to
isolation and abandonment of the couple in general, and in few cases, it is the women-
only who has to bear the brunt of it.6Childless women are recurrently stigmatized,
isolated, ostracized, disinherited, and neglected by their familiesandthe local
community.7This expectation ofhaving biological children is not newly founded; there
were practices existing even during the Vedic period, suggesting that it is a long-
founded practice. Vedic scriptures such as Niyogapratha or Leviraproved that Artificial
insemination was practised even during that period.8Childless queens were given magic
potions, or enchantment mixtures were prepared by sages using ayurvedic medicines
to make them pregnant.9 Such practices suggest that even without any scientific or
technological knowledge, one of the priorities was to ensure that couples beget children
by biological means to continue their family name and maintain their standing in society.
Artificial Reproductive Technology: The way forward
Infertility, even today, is considered a social taboo. With the evolution of humans and
the development of various new philosophies and ideals, the desire to have a child, to
have an heir, someone who can carry the family name has remained a constant.
Scientific developments, which began centuries ago,have led to continuous and dynamic
breakthroughs giving a glimmer of optimism to the millions of infertile couples towards
finding a suitable remedy for them. With the development of science and technology,
the growth and advancement in Artificial Reproductive Technology (hereinafter referred
to as ART) was amongst the most extraordinary curative accomplishment of the
scientific community.
ART in India has become a high priority option, taking India into becoming one of
the prominent players in the economics of ART centres. the plethora of services that
can be availed includes services such as 'gamete donation, intrauterine insemination
(IUI), IVF, intracytoplasmic sperm injection (ICSI), preimplantation genetic diagnosis
(PGD) and gestational surrogacy.'It was the pioneering work of Dr. Subhas Mukherjee
which brought India to the cent stage of the world of ART as early as 1978.
Subsequently, the Indian Council of Medical Research (Hereinafter referred to as
ICMR) in 1982 took cognizance of the need and importance of a treatment facility for
people suffering from infertility and collaborated with Institute for Research
Reproduction (now ICMR-National Institute for Research in Reproductive Health) at
Mumbai. The same were culminated into ICMR laying down the guidelines and
regulations for practises associated with ART and the code of conduct to be followed
by the respective centres.
Subsequently, in 2001, the World Health Organization (WHO) organized a meeting
in Geneva titled "Medical, Ethical and Social Aspects of Assisted reproduction".
Following results were recommended at the conclusion: (1) it is imperative to recognise
sterility as a public health issue across the world, which includes developing countries
too, (2) it is important for the policymakers to recognise and prioritize the needs of
infertile patients, (3) there should be a reproductive health programme for all the
nation-states and it should be inclusive of infertility Management and (4) ART should
be given the same weightage and acceptance as any other morally acceptable solution
to infertility. Even prior to infertility being recognised as a global health issue, it was
still a major social cause of concern leading to the escalating growth of the IVF clinics
in the country. India, China, and Japan in particular and the Asia-Pacific region, in
general, is being touted as the place(s) to have had the maximum number of IVF
cycles in the year 2019. The market for infertility is estimated to be growing at an
exponential rate of 8% from the year 2018 ($1.5 billion) to 2023 ($2.2 billion). The
primary causes of such massive development in the fertility sector can range from
reasons such as the waning global fertility rate, technological advancements, massive
funds and grants available in the market, especially for a public, private partnership
where the burgeoning number of clinics are more than willing to work with the
government.
Status of Artificial Reproductive Technology in India

India is at the pebbledash of major safety alarms that need assessment at a global
scale, especially in the absence of any national regulator. Many centres offer services
of questionable nature; a meagre 20% IVF clinics and an infinitesimal 2% functional
ART centres are registered with the ICMR warning the government to contemplate a
compulsory licensing of such centres with the council. The ICMR developed the
National Guidelines for Accreditation, Supervision, and Regulation of ART Clinics in
India in 2005 to regulate the functioning of all these centres. Subsequently, after a
flurry of draft bills that have been rejected on various grounds. The most recent one
being The Surrogacy Regulation Bill, 2020, followed by The Assisted Reproductive
Technology Regulation Bill, 2020 (neither of which could see the light of the day). It
is pertinent to point out here that even after almost two decades from the date of
conception of the need to have a regulator, India doesn't have a statutory legal system
in place to provide a comprehensive guideline and impose the penalty and, in rare
cases, imprisonment, if any ART centre is found to be flouting ART guidelines. Today,
it is extremely economically viable to open a fertility clinic in the absence of any
regulatory framework, proof of which can be found in the following table.
S.NO Parameter Estimate Remarks
1 Infertile couplesin 31.81 Estimated to grow from 27.5 Million in 2015 at a
reproductive age(Million CAGR of 2.1%
Nos.)
2 Couples coming forward 1.29 Estimated to grow from 1% of infertile couples in
for evaluation (Million 2015 to 4 % in 2022
Nos.)
3 Couples prescribed & 520 Estimated to be 40% of the number of couples
availing IVF treatment coming forward for evaluation (from the current
(Thousand Nos.) 25%)
4 Number of IVF Cycles 1559 The number of cycles per couple is estimated to
(Thousand Nos.) increase from 1.5 in 2015 to 3 in 2022.
5 Number of Fertility Clinics 4455 Based on an average of 350 cycles per clinic
The table is suggestive of the growth potential of the ART market in India. Approximately
half of the fertility centres are being opened with zero technical know-how or expertise.
Such deficiency and loopholes lead to the application of unethical practices and
behaviour, which in the long run is detrimental for the market of the fertility industry.
Perils of Artificial Reproductive Tecnology

A huge problem arises in the statics of the fertility industry. The success rate of an
entire IVF cycle is approximately 20-30% only, but even the best of the clinics in
India offering their services claim to have a success rate of 40-50%, which is far off
from the actual reality. Furthermore, this is only the pregnancy rate, the actual birth
rate happens to be substantially lower than this. Doctors reveal that most clinics
advertise a hike of 5-10% than their actual rate of delivery, only so that they can
match the western model of success rate. But that too is the rate of biochemical
pregnancy, the take-home baby rate is as low as 15% Only a cursory reading of these
statistics is enough to raise alarm bells at how misleading the advertisements are and
in the absence of any law in place, there is no legal mechanism to keep a check on all
the fertility clinics operating within the country.The process of ART is a long and
tedious one, and it compasses a plethora of treatments, depending upon the kind of
infertility faced by the couple. For the same, varied forms of eye-catching
advertisements are placed to harp on the emotional stress of the couple. So much so
that there are advertisements suggesting money-back guarantees in case of failure
infertility treatments. There have been numerous instances of couples being duped off
of their money by false and misleading advertisements which are easily swayed owing
to their extreme vulnerability. In addition to that,there have been instances, especially
in cases of pre-menopausal women, where the couple look for egg donation from
donor women, who are willing to undertake three weeks of hormonal injections and
minor surgery for egg retrieval in exchange for money.
The ICMR regulations call for a contract between the hospitals and the egg donor
woman, but it is often the middle man who calls the shots and ends up exploiting the
poor women for money (they take as much as 40-50% of the money offered to the
donor woman). Furthermore, in the absence of any stringent regulations, there is a
black market where women from the northern states of Jammu and Kashmir, Punjab,
Haryana, Himachal etc. are given preference because of their fair complexion, even
though the recipients are not entitled to the information of the donor yet such rules are
very easily flouted. This practice, although seems immoral but is not illegal, leads to
further demand of such women and in many instances, they donate as many as six
times, causing major medical complications for them too. In addition to that, there is
also developing a 'grey market' of unprofessional ART clinics that cater specifically to
the demands of couples looking for either a genetically engineered child or to those
who have a preference in the gender of the child. The process of egg retrieval from
the donor woman involves administering general anaesthesia, which brings all the
complications attached to it but many a times the ART centres as well as the doctors
involved aren't well equipped to deal with such complications. In extreme cases, it
can even lead to causing the death of the patient. There is often zero to negligible
transparency in the egg retrieval process where the patient is not properly informed
about the procedural technicalities taking place in the laboratory and if it leads to a
botched-up job too, such information never gets to the patient, infact all the blame is
mostly put on the egg being defective. There is no way for the patient ever knowing
about it. The issue here is larger than that, the patients aren't well aware of the side
effects or the complications of the treatments that they are consenting to and there is
no statutory law to keep the ART centres in check for such gross negligence or
deficiency in service of any kind.India had also become the hub of commercial surrogacy
in the past, where foreigners were visiting to literally buy human embryos as the
Indian markets were being touted as "baby factory". The Supreme Court, came down
heavily on the central government for making a mockery out of human life because of
lack of statutory framework. Subsequent to which, the centre introduced the surrogacy
bill, which aims to ban commercial surrogacy.
There is also no set parameter for pricing, some clinics charge relatively lesser
amount making it suspicious that they might be flouting norms while some others
charge such exorbitant amount, making it almost impossible for middle class families
to be able to afford IVF clinics. In addition to that, most of these facilities aren't
covered under insurance schemes thereby creating a huge hole in the pockets of
couples availing the benefit of such schemes. India is often touted as a hub of medical
tourism because of the relatively cheaper medical facilities here in comparison to
much developed countries. Additionally, the facilities and technology are far better
than other neighbouring nations. Developing countries often have an advantage of
cheap labour, longer working hours, inventiveness to save costs etc which makes
them a more economically viable option. But, despite India being a hub of medical
tourism, the laws are sparse and regulations are negligible. ICMR guidelines are just
that, only guidelines which lacks a statutory backing. The plethora of draft bills
pertaining to ART (2010, 2014, 2017 and 2020) are indicative of its importance, yet
even till 2021, India lacks a comprehensive legislative structure for the same.
Conclusion and Suggestions

Keeping in view the above cited reasons, the researchers propose the idea of a start-
up of building an app with the objective to maintain a national registry of couples
intending to enrol for any of the services offered through ART. The objective is to not
create a registry with the personal information of couples which can be later sold off
to a third-party server. Rather, the registry will also help create a community of like-
minded people going through the same circumstances where they can have a shared
personal experience of their own personal trauma.The app will also give a platform to
its members to connect with each other, in order to have a shared experience. They
will be given an option to disclose their identity or connect anonymously only so that
others can benefit from the experience of others and also because sometimes, all one
needs is to share and be heard and understood by others going through the same
trauma. India, being a relatively orthodox society and the topic of infertility being
discussed behind closed doors creates a huge lack of information coming from authentic
sources. Such platforms are quite prevalent in the west and have been a great source
of comfort to people going through a trauma and wanting to be heard and understood.
While accurate figures are difficult to obtain, a precise information on the availability
and accessibility of fertility clinics, working on the regional and national level needs to
be compiled. Access to information relating to infertility is often not readily available,
owing to the social stigma attached to it. The humongous costs of the treatment
become even more prohibitive causing couples to find alternative and more economically
viable options. That's where their vulnerability is taken advantage of by unrealistic
promises. This is where the app can work as a godsend, it will be a one stop solution
for any couple's ART needs, it will mention the nearest clinics to the place of your
dwelling, different kinds of services being offered by the clinic. It could also include
any new form of technology that a couple is looking for and the centres where such
facilities are available. Women in particular and couples in general have to undertake a
traumatic time and experience in going from one treatment to other, in selecting one
doctor over the other or in choosing one clinic over the other. Since, there is no prior
experience, they often work with the method of trial and error. The couples have a
very limited knowledge and understanding of the technicalities and viabilities of various
procedures involved and hence they have no choice but to place absolute reliance on
the suggestion of the doctor. There are times when a couple is duped by the centre,
many a times by the doctors also. Often times, couple realise the complexities of the
treatment only while undergoing it and in extreme cases being unaware of the possible
complication, they are made aware of the same when an unfortunate impediment
arises. This App will benefit such couples by providing them the necessary information
and the complications and side effects along with the success rate of all the services
mentioned under ART.The app will have a two-factor authentication system, a couple
can see the names of the clinic free of cost while a detailed description can be seen
only by paying a certain fee (it shall be a one-time payment, applicable for one year).
The couple would be inclined to pay the fee so as to be made aware of all the detailed
information of various kinds of ART facilities available in the market; they can compare
the costs of different centres in contrast with the different type of facilities they are
offering.In addition, it will also mention all the deregulated centres, centres which
have been caught conducting any illegal or unregulated practices.
The ART centres would want to advertise themselves on the app after payment of
a certain fee. The app will act as an advertiser; in addition to that; it can chug out the
bad applies, i.e., the unregulated clinics, as one of the criteria of being on the app
would be to provide the necessary accreditation documents. Only after a through
verification of the same will they get a mention on the app.The centres will have a
platform to provide an honest display of services offered with correct statistics of
how many people in real-time have availed the treatment and how many of them have
had a successful outcome, the fee structure, quality of service provided, a review of
members who have previously availed such services will be encouraged. It would be
the utmost responsibility of the app's proprietor to ensure the accuracy and authenticity
of the data. They may conduct inspections and, in exceptional cases, a private
investigation into the authenticity of accreditation been shown by various centres and
cross-reference the same with the ICMR.
(Endnotes)
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33. Priyanka Vora, “‘Emotionally, physically and financially distressing’: What women
are not told before IVF treatment” November 13th 2018. Available at: https://
scroll.in/pulse/900871/emotionally-physically-and-financially-distressing-what-
women-are-not-told-before-ivf-treatment
34. Dr Aniruddha Malpani, “Doctor Diaries: How to protect yourself from IVF scams”,
September 22nd 2015. Available at: https://www.thehealthsite.com/pregnancy/
how-to-choose-the-right-ivf-specialist-to-get-the-best-treatment-and-avoid-
disappointment-330286/
35. Egg donor’s death: Internal bleeding, ovaries severely enlarged, February 9th
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death-internal-bleeding-ovaries-severely-enlarged-says-report/
��
Oraganic farming Opportunity for Sustainable Development .... 55
6
Organic Farming Opportunity for
Sustaintable Development and Need of
Technological Usage & standardziation
Dr Anuradha Jha Dinesh Mishra

Assistant Professor Research Scholar
Dwarka, New Delhi Dwarka, New Delhi
Abstract
The global awareness of harmful effect on usage of chemicals including fertilizers
and pesticides has grown manifold and a number of scientific researches have concluded
that the hazardous effect of chemicals and fertilizers which are being used by
conventional farmers for the yield increase and removal of insects during the farming
of vegetables. In fact, endangered human health is on higher side due to usage of
chemicals. Conventional farming relies heavily on usage of chemical fertilizers and
pesticides. Pesticides are generally meant to kill insects, weeds, flying wasp, dragon
fly and other insect organisms for crops protection. The toxic effects of pesticides and
fertilizers entry into food supply and water sources, harm the livestock, deplete the
soil fertility and devastate natural cultivation eco-systems. Organicfarming is eco-
friendly and is very important for sustainable growth and development in the field of
agriculture. There is an increasing demand for organic food even in India and all over
the world. So, organic farming or agriculture has become very important for
technological inclusive agriculture growth and innovative cultivation.
Keywords: Organic, USDA, APEDA, FSSAI, NPOP, Organic farming, organic
certification toxic pesticide,Organic agricultural norms, benefit of organic farming,
Employment and technical farming.
Introduction
India witnessed a green revolution in the 1970s wherein productivity, yield and farming
cycle were changed due to technological intervention and resulted in becoming self-
reliant in agricultural production. Now, organic farming has been developed as an
alternative in the agricultural system which actually originated in Australia, Europe and
other western countries in the 20th century with response to rapidly changing farming
soil and adverse effect on human health by consuming conventional grown farm
products.Organic agricultural products are defined as a product system that sustains
health of soil, ecosystem and people relying on ecological processes, bio-diversity
and cycle adaption to local conditions to benefit the environment and promote fair
relationships and a good quality life for all around. According to the United States
Department of Agriculture (USDA) study team "Organic farming is may be define a
system which avoids or largely excludes the usages of synthetic inputs (such as
fertilizers, pesticides, hormones, feed, etc.) and to the utmost extent feasible relies
upon crop rotations, crop residues, animal manures, off-farm organic waste, mineral
grade rock additives and biological system of nutrient mobilization and plant
protection.". Presently, the world is having more than 90 million hectares of agricultural
land area which are used in organic farming wherein India's share for organic
agricultural land is not more than 3% against which India makes supply to 30% of
organic production itself that shows the high yield in organic farming has been reported
by study of World of Organic Agricultural Report.
Organic farming has become an essential method of agricultural production for
better health and future. Organicfertilizers such as compost animal dunk, manure,
green manure are mostly considered suitable for cultivation. In organic form of
cultivation, crop rotation and companion planting are important.Organic standards are
said to have usage of naturally occurring substances and fertilizers like urea and
potassium sulphate. Natural pesticides like pyrethrin, neem tree leaf and rotenone play
very important role of organic preservatives in certified organic farming whereas
synthetic fertilizers and pesticides are strictly prohibited even one percent presence of
such substance in lab testing would result into disqualification. Recently, Protection
Agency Reports (EPA) found that around five lakhs metric tonnes of chemical pesticides
are used in the United States farming every year which showed the kind of hazardous
agricultural product being cultivated there. We may choose to buy organic grown and
certified food which are cultivated without any usage of synthetic pesticides or fertilizers
(use to enhance production yield) as a way of reducing our own personal exposure to
harmful chemicals.
This will also encourage to agricultural farmers or growers to adopt environment
friendly and nature friendly production methods which help the society and nature for
maintaining ecological balance. In 2016-17, the export of organic products from India
was estimated to be at $370 million in 2016-17 much higher than the previous year.
Source: Director General Foreign Trade & APEDA, Ministry of commerce, Govt. of India.
It is evident from the chart that sales and production of organic farming in India are
increasing on year to year basis. The production from 21 thousand MT in year 2015-
16 has increased to 22 thousand MT and 23 thousand MT in financial year 2016-17
and 2017-18 respectively. In India, organic farming is largely divided into six broad
categories such as floriculture, freshfruits&vegetables, processedfruitsandvegetables,
animalproducts, and processedfoodsandcereals. The contribution of above categories
into Indian Organic export can be seen from following pie chart wherein cereal takes
43.59% of total export and this cereal category includes all pulses, spices and grains
including Basmati Rice which alone takes more than half of the total cereal export
category.
Source: Director General Foreign Trade & APEDA for FY 2018-19.

58 AatmNirbhar Bharat Shrestha Bharat
It is evident the two major categories of organic exports are Cereals and Animal
Products wherein important popular category such as processed fruit and vegetable,
fresh fruit and floricultural items having great potential for Indian organic agricultural
farming. Further, some of India's prominent markets for the export of organic products
It is evident the two major categories of organic exports are Cereals are the EU, the
US, Canada, Korea and Australia. Sikkim has recently achieved the prestigious status
of being the world's first organic state and was awarded UN Future Policy Gold
Award 2018 which is considered as the highest for best policies in organic farming.
This award was given to Sikkim state for winning the best practice of organic farming
among the 51 nominated policies from 25 different countries. Similarly, Uttarakhand
is also considered as an advanced organic farming state.
Analysis
Process of Organic Certification
The first and foremost task is certification of agricultural land that is established
through soil testing of the agricultural land. This testing is undertaken by authorized
certifying agency. After land certification, it becomes imperative that no fertilizer,
pesticide or other chemicals are used from sowing to cutting of crop. The animal
dunk cake, natural decomposed are only allowed to use. Subsequently, for storage
only natural products as Neem paste, garlic and related ones are allowed to use for
protection of crops from insects. After cultivation many products like mustard,
sunflower and sesame seeds need to be processed for extracting oil. Wheat needs to
be processed for flour but a manufacturing and processing unit is required and such
unit is also audited and certified by nominated agency as organic certified processing
unit failing to which the end product will not beconsidered as organic products. During
the certification process the certifying agency is also seen to note that some quantity
gets reduced in the process as conversion loss, for example, in processing of mustard
seed of 1 kg on processing gives 350 gm (approx.) which is around 1/3 of raw
agricultural inputs. After conversion it is required to keep manufactured or processed
productunder the statutory norms of Food Safety and Standard Authority of India
(FSSAI) and get them packed as per Legal Metro-logical Act 2011 norms including
retail size and mandatory declaration such as pack size, batch no, manufacturing
detail, customer care number help line. There is no specific quality parameter existing
for organic products. Therefore, it creates a lot of confusion among buyers to check
genuinityof organic products due to lack of technical specification except absence of
pesticide and chemical in the product which is not full-proof mechanism to confirm
the product completely.
Indian Organic Program & Statutory Certification Process

Internationally organic certification standard and practices are broadly followed by
the USA's National Organic Program (NOP) which is the official regulatory process
and quality monitoring organization for organic food program. It is also internationally
recognized and accepted standards known as United States Department of Agriculture
(USDA) certification.It is mandatory standard for export or import of organic product
worldwide which provides Agricultural Marketing Service (AMS) for enforcing the
regulatory framework .In India, Agriculture and Processed Food Products Export
Development Agency (APEDA) under the Ministry of Commerce of Government of
India is a nodal agency for certification and accreditation of certifying agency wherein
compliance certification is being issued by the National Programme for Organic
Production (NPOP) governing norms for organic business in India. The data of all
organic cultivation, trading and export/import are uploaded by APEDA online ERP
which is called Trace.net. In this portal each certifying agency and every trader or
processor of organic products are registered.As on march 2020,nearly 30 Certification
Agencies such as Oncert, SGS, Eco-tel, Bihar State Seed and Organic Certification
Agency (BSSOCA), Telangana State Organic Certification Authority, Green-Cert Bio
solutions Pvt. Ltd, Global Certification Society, Sikkim State Organic Certification
Agency (SSOCA), Karnataka State Organic Certification Agency, Karnataka State
Organic Certification Agency and Gujarat Organic Products Certification Agency
(GOPCA) etc. havebeen recognized to further certify organic processing,
manufacturing and trading units. Recently, it is found that individual farmers are
collective forming Self Helping Group (SHG) or Co-operative societies or Producer
companies in which they are collectively applying for organic farming certification
that will help them in reducing the application orcertification cost, It also given
opportunities to market their organic products collectively for bulk or export orders.
It is observed that organic products are not limited to agricultural products now the
Ghee (milk fats) and Meat etc. are also coming into organic range, for example the
animal milk taken after the animals eat only organic products are considered as organic
milk fat ghee.
Organic food products are getting its popularity across the world. The production
of organic products has increased rapidly and about 10 to 15 per cent of the food
production of various countries takes place under organic farming. The retail stores
such as Godrej retail chain, Nature basket etc are affiliated with green status to sell
organic food. Further, there are many good brands developed by Indian Organic
companies such 24 Mantra, Pride of Cow, Agronica, and Organic Garden etc. It is
also observed that organic foods command higher price in market as compared to
conventional products with 20% to 100% higher than conventional ones. Non-food
Organic Products are not limited to agricultural or food products rather gone up to
textiles also. The famous brand of Tanayra (TATA products), Aditya Birla and Being
Human are coming into organic textiles. It is believed that organic cotton and silk-
worm cultivation are eco-friendly, wherein converting raw material into finished
products is the only sustainable way going forward resulting many textile manufacturing
companies to take 100% organic certification for cotton bales and silk-worn which
later gets converted into Cotton and Silk fabrics through certifying silk and cotton
yarn and processing mills. Subsequently, the cloth prepared from these certifying
cotton or silk fabrics is sold with permission in national and international market
which is having good market potential among elite class and high net worth individuals.
All such products need mandatory certification from either of above-mentioned
certifying agencies and they use invariables USDA and India Organic logo as under:The
registered trademark "India Organic" is a copyright associated with Government of
India through APEDA in compliance with the National Standards for Organic Production
(NSOP). It may be informed that NPOP or mandatory logo is used for any certified
products to be sold in India. Similarly, European Union organic certification is mandatory
for any export to European countries and also for export to United State of America
for which the USDA certification is mandatory. All this is essential to have above-
mentioned logo making consumer aware that the product they are buying is genuine
organic products.
Advantage and opportunities in Organic Farming

Organic farming replaces costlier agricultural inputs like high breed seeds, chemical
fertilizers, pesticides, toxic preservative etc. with locally cultivated organic items that
are economical and generate good returns. Organic cultivation also generates income
through exports. Further, various studies conducted across the globe have been
unanimously concluded that organic method of farming of food results into more
healthy nutritional value in comparison to conventional farming it provideus with healthy
food. Organic farming requires more labour input. The organic produce are pesticide-
free and produced in a sustainable way. Inadequate availability of infrastructure and
problem of marketing organic products are of major concerns. Moreover, the choice
in production of non-seasonal harvesting is very limited in organic farming. Further,
organic agricultural farming is having potential to become instrument globally for
achieving sustainable development. It is seen that food and non-food (such as textiles,
herbal etc.) items that are cultivated using organic farming methods may be economical
in comparison to input cost of conventional farming with expensive urea, potassium
and other costly chemical fertilizers.
Crop and Product Diversification: Organic farming encourages enhancement in
varieties of diversification. It helps to cultivate multiple cropsin the same space for
organic farming like planting a variety of vegetable crops supports beneficial insects,
soil microorganisms, and other related factors helping in healthy agricultural land.
APEDA is a cloudbase online ERP module service software i.e. Trace-net offers to the
stakeholders i.e. certification agency and operators services of issuing certification
which is known as "Scope Certification" having stakeholders such as traders,
processors or manufacturing units with the NPOP or NOP standards. Through APEDA
online module-Trace Net it collects, stores and provides PAN India MIS, onward and
backward traces and quality assurance (QC) data entered by the operators or producer
groups and certification bodies within the organic supply chain in India.Organic farming
largely relies on the natural farming techniques such natural decomposition of organic
substance by using method of like green manure and decomposing to replace or refill
requisite nutrients exhausted by soil in earlier crop cultivation. This natural biological
process helps mobilizing by microorganisms allowingthe natural production of nutrients
in the soil leading to its fertility in periodical cycle. Organic farming improves soil
fertility by crop rotation cycle, cover cropping and use of compost methods. This
reduces greenhouse gases in environment and helps for positive climate change and
saving of life saving ozone layer depreciation. It has been established by scientists of
soil research that natural organisms are said to be beneficial for organic farming.
Growth and Profitability: Studies have found that the overall return of organic farming
is more than conventional farming, however, the productivity may be less in organic
farming and investment is higher because price of organic products are 20% to 120%
higher than the conventional farming. The soil analysis reports have established that
soil productivity remains high in organic farming vis-à-vis conventional farming wherein
usage of pesticide and chemical fertilizer reduced the soil productivity. It may be
informed that organic cultivation area has increased many folds from 1999 to 2018
around 500,000 hectares worldwide. The global market value of certified organic
products has been now estimated at US$20 billion. In India the price which the
farmers are getting is higher than 20% to 120% dependingupon value addition into
product. means higher the value addition is higher price as compared to conventional
farming. Globally, organic farming is between 22 and 35 percent more profitable for
farmers than conventional methods.
Employment: Organic production is more labour-intensive than conventional
production as it does not involve any chemical or toxic pesticide process. Organic
food is said to be more expensive due to high labour cost. In addition to this organic
farming has increased need for labour seen as an employment dividend of organic
farming, it is providing more jobs per unit area than conventional systems.Green
Economy Report suggests "increase in investment in green agriculture is projected to
lead to growth in employment of about 60 per cent compared with current levels" and
it also brings into the domain that green agriculture i.e. organic farming can create 47
million additional jobs.
Result
Technological Assessment of Organic Farming
There are various agencies involved into organic products such as FSSAI (Food
Safety and Standard Authority of India), a food related regulation nodal agency whereas
for Organic Certification, APEDA is the nodal agency. The packaging of organicfoodis
governed by the government of State's Metrological Act 2011 which comes under
state legislation and differs from state to state. Similarly, "Silk Mark" and "Handloom
Mark" are under control by the Textile Ministry, Government of India and Bureau of
Indian Standards (BIS) comes under Ministry of Consumer Affairs, Food & Public
Distribution, Government of India, hasarole in mandatory quality specification such
ISI certification, whereas organic textiles are controlled by APEDA and certifying
agency checks backward chain integration and batching process.
A survey of Indian Council for Research on International Economic Relations (ICRIER)
conducted on 75 companies dealing with organic products stressed on product
traceability to ascertain its Genuinty. As traceability is a major issue in recalling the
product in case any deficiency observed after sales, the current ERP of APEDA does
not have any traceability for local or domestic organic sales and limited to export with
limited controls. Similarly, ICRIER survey reveals there is not a single factor which
stops growth of organic products rather many agencies are involved in it. Multiple
certifying agencies (around 30 agencies nominated by APEDA), Ministry of Commerce
& Industries, Ministry of Agricultural and involvement of other government bodies
show lack of synergy and coordination and found doing piecemeal regulations which
create confusion among traders, processors, growers and exporters. There is also
lack of clarity observed in the role of various organizations involved in exports brought
in ICRIER survey. It is seen that the organic products in India are certified and regulated
by different agencies like NPOP, APEDA and FSSAI for exports. In fact, report said
"Customs offices are also sometimes confused about the documents and clearances.
The lack of well-defined procedures creates delays at the border and reduces ease of
doing business and logistics indicators".
Conclusions
Presently, India keeps cultivation area under NPOP (National Programme for Organic
Production) around 3.56 million hectare including 1.78 hectare for wild harvest
collection through which organic product export of 4.58 lakh MT equal to Rs. 3453.48
crore or USD 515.44 million is made. The organic products are also exported to USA,
EU, Canada, Switzerland, Australia, Israel, South Korea, Vietnam, New Zealand and
Japan. Recently, FSSAI has notified the draft Food Safety and Standards (Organic
Foods) Regulations, 2017 on website for comments with an aim to regulate organic
farming by technological standardization of organic parameters so that the benefits
for farmers, manufacturer and processor may be established. These Regulations include
two layers of certification such as Participatory Guarantee System (PGS) being
implemented by Ministry of Agriculture, GOI for farming and yield aspect of organic
productivity and the other layer to be governed under National Programme for Organic
Production being implemented by Ministry of Commerce and Industry, GOI takes
care of process, movement, trading, transfer certificate (TC), maintain trailing chain
of organic stock and export related matter.
These regulations ensure integrity of the organic food products and control the
unscrupulous practices. These draft regulations do not mention going away with
multiple agencies or standardization in organic product for measurable quality parameters
except the presence of pesticides which is otherwise available under Agmark standard,
Prevention of Food Adulteration (PFA) standard and Bureau of Indian Standards (BIS).
However, there is no process of certifying retailer which consumer can ascertain
genuineness of retailer shop or departmental stores. It is needed to incorporate
technology intervention for quality and process parameter. This will help end-user and
consumer to understand the quality of products.Organic farming is way forward for
India's agricultural cultivation and employment thereby will emerge as a tool to achieve
the target for doubling the income of agricultural farmers by 2022. So, the organic
farming is a tool for sustainable development and increases the farmers' income without
any comparison of the productivity of soil and environment.
(Endnotes)
�� International Federation of Organic Agriculture Movements, Organics International
General Assembly (Bonn , 2008)
�� TnauAgritech on Organic farming : Organic Practice available at:http://
agritech.tnau.ac.in (Visited on March 10th , 2020).
�� World of Organic Agricultural Report 2018 available at:http://
www.downtoearch.org (Visited on April 1st ,2020 ).
�� "Pesticides - Kill, Pests, Control, and Insects" available at: http://
www.sscience.jrank.org (Visited on February 25th 2020).
�� National Organic Program Agricultural Marketing Service, available at: http://
www.ams.usda.gov (visited on March 24th 2020).
�� Lyla Bavadam, "A Green Alternative", Frontline, July 29th 2005.
7. https://en.wikipedia.org/wiki/Organic_farming (Visited on 12.3.2020)
�� Sen Amiti, " India needs single nodal agency for organic standards",Hindustan
Business (January 9th , 2018)
�� National Programme for Organic Production (NPOP), available at: http://
apeda.gov.in/apedawebsite/organic/Organic_Products.htm (visited on March 12th
2020).
��
7
Bio-piracy of Traditional knowledge in
21st Century with Reference to Ayurveda:
Need for Robust Rulebooks
Dr. Unanza Gulzar

Assistant Professor,
School of Law, The Northcap University
Abstract
Over the years many developed nations around the world have used, modified and
commercially exploited the traditional knowledge specially Ayurveda available in
developing nations. This has led to huge concern amongst many indigenous communities
and respective developing nations. It is a common fear amongst them that the spiritual
identity, cultural heritage or common heritage is at risk of being lost to intellect of
large multi nationals. This research topic has been chosen in light of rising bio-piracy
in India and inability of the Indian administration to counter and protect traditional
knowledge. This research uses doctrinal approach to address the challenges associated
with protection of biodiversity and associated traditional knowledge with reference to
Ayurveda. This study aims to address the challenges from perspective of different
legislations, judicial pronouncements, and governmental policies. Even though we
are living in the 21st century with such advance legislations and rules in regard to IPR
laws still subject matters like traditional knowledge and bio piracy have not been able
to come under the cap of any special legislation. Since these aspects are separate from
the scope of IPR protection they deserve a separate legislation because otherwise they
ultimately come in conflict with IPR protections. The advancement of technology
poses the highest threat to traditional knowledge of the indigenous communities. It is
the easiest accessible way to commit the offence of bio piracy. Research in today's
time has turned out to be spontaneous task and that in turn is creating a series of cases
in relation to violation of exclusive cultural and moral rights of the indigenous
communities, i.e. by committing bio piracy by the third parties. Lastly the paper has
come up with certain suggestions.
Key Words: Ayurveda, Bio-Piracy, Indigenous, Traditional Knowledge

Bio-piracy of Traditional knowledge in 21st Century with Reference to Ayurveda 65
Introduction
"Bio piracy" as the terms suggests means illegally obtaining a biological or genetic
resource or knowledge attached to it and with the help of advance technology trying
to shape out new or better products/organisms. This act is generally done by developed
countries around the globe. They basically cheat upon the under developed or developing
countries by exploiting the resources or traditional knowledge which originates from
that place, without their consent and without the natives knowing. And finally shape
their research and go ahead for giving it protection under the Intellectual Property
Right Laws. All this is done without giving compensation to the people or place of
origin of those resources/organisms. This leads to the practice of commercial
exploitation. Which indirectly affect the economic systems of the developing countries.
"Bio piracy is the theft or usurpation of genetic materials especially plants and other
biological materials by the patent process. For example: use of indigenous knowledge
of medicinal plants for patenting by medical companies without recognizing the fact
that the knowledge is not new, or invented by the patenter, And thereby the piracy
deprives the indigenous community to the rights to commercial exploitation of the
technology that they themselves had developed." This paper examines the concept of
bio piracy, which earlier was a challenge for different regimes for intellectual property
rights (IPR) in living organisms, as well as related aspects pertaining to the ownership
and apportioning of benefits from 'genetic resources' derived from the world's
biodiversity.
This paper will throw light upon the fact that how important it has become to take
the issue of bio piracy very seriously due to the impact it has as an intervention for
attaining true and correct IPR protection. Also it creates an interrelated problematization
of biodiversity, biotechnology and IPR. Finally the paper shall include the cases/
situations relating to bio piracy which gave a new awakening to different countries
about protecting their original resources and traditional knowledge under IPR laws
either in their country or worldwide.
An Analysis of Historical background of Bio Piracy

The term bio piracy was introduced by Mr. Pat Mooney who stated that "it is an act in
which the traditional/indigenous knowledge belonging to/ originating from an indigenous
community is used by third parties for the purpose of profit making, without taking
consent from the original set of people who own it and moreover after giving it shape,
without compensating them for the same." We can link the origin of bio piracy to the
colonial era, where the European powers/people would use to discover "new land"
and sized their own control over it. Though that land was within the territory or
belonging to other for ages. But the rule was to discover self-control over a land
which wasn't protected otherwise. Similarly, bio piracy till date flows in the world.
One party is the true originator/protector of a genetic resource or traditional knowledge
and has been using that resource or practicing that knowledge for years like a custom.
Suddenly a third party (corporate) uses that knowledge and develops his own thing
and starts gaining profit over it without giving credits to the true owner of the resource.
This is cheating under all possible laws relating to IPR. "Since the last two decades
multinational corporations are profiting by patenting the indigenous knowledge and
resources of Indian hotspots and associated communities.
Bio piracy is hampering the livelihoods of communities and farmers who have
invested their time, care, hard work and knowledge in restoring their heritage." In the
1990s many big pharmaceutical and drug discovery companies were flooded with
accusations of bio piracy. Therefore, Convention on Biological Diversity (CBD) came
into force. This body was formed to secure rights of indigenous communities and to
create and maintain control over the usage of the genetic resources, in the country's
of their origin. This practice basically helped the lesser developed or developing countries
to get better benefit from their TK and resources. Under the rules and regulations of
CBD, bio prospectors are required to get and informed consent from the concerned
indigenous community to access their resource as well as creates a duty to share
profit with them.Bio piracy still continues to be a reoccurring problem for indigenous
communities who are now faced with modern government policies and law that make
it difficult to challenge cases of bio piracy. India has therefore been lucky in many
cases which it has fought against bio piracy and has managed to attain victory in all
those cases with a strong and firm effect.
Problems and Concerns of Traditional Knowledge
Lack of legal protection towards traditional knowledge as well
as indigenous group of people.
In today's era Intellectual Property Right has been developed as an important and
exclusive right. This right hence shows that it vests with people who are either the
owner/author/producer etc. of the subject matter in the question. Basically IPR is like
an exclusive right over the article/thing/good/invention etc. which is treated as a
"property". In India we have realized the importance of protection of the "originality
of research/work" and hence developed many IPR laws such as - Patents Act 1970,
Trade Marks Act, 1999, etc. and in the 21st Century also realized important aspects
such as - Geographical Indication and Goods (Registration and Protection) Act, 1999,
Protection of Plant Varieties and Farmers Rights Act, 2001 and Biological Diversity
Act, 2002. But as it is said, only the mere existence of these legislations does not solve
the sole purpose of their being. In a country like India where the illiteracy rate is about
75%, so the illegal use of traditional knowledge or reproduction of product with existing
resources is carried out on a large scale. Sadly the indigenous groups related to such
original resources and traditional knowledge are left commercially exploited and cheated
since they aren't aware of their legal strength.
Now the major component which needs to be protected prima facie is the "traditional
knowledge" of these indigenous groups, to stop the practice/offence of "bio piracy".
"Traditional knowledge (TK) is integral to the identity of most local communities. It is
a key constituent of a community's social and physical environment and, as such, its
preservation is of paramount importance." Under the situations of bio piracy, there

have been several attempts to exploit TK for industrial or commercial benefit by big
Multinational Companies (MNCs) which can and which do lead to its misappropriation
and has an arbitrary effect the interests of its rightful custodians. "In the face of such
risks, there is a need to develop ways and means to protect and nurture TK for
sustainable development that are in line with the interests of TK holders. The
preservation, protection and promotion of the TK-based innovations and practices of
local communities are particularly important for developing countries. Their rich
endowment of TK and biodiversity plays a critical role in their health care, food security,
culture, religion, identity, environment, trade and development. Yet, this valuable asset
is under threat in many parts of the world." The solution to this is plain and simple and
that is to create a sui generis law in relation to protection of traditional knowledge
which sets out to preserve TK and promote the rights of the originators/farmers/
indigenous groups from being a target of the web of the imperfect information. There
is a clear and visible need for precisely defining concepts such as - community rights,
indigenous/local knowledge and traditional resource rights by virtue of law exclusively
dealing with TK. Presently since there is no law on TK per se and otherwise there is
a lack of knowledge of the indigenous groups so researchers or commercial exploiters
often fail to get the true and informed consent of such groups because they say that
these groups cannot understand genetics. And hence they end up taking consent, in
most of the situations, under false circumstances. The indigenous groups related to
such TK do not know and realize the actual value of the knowledge which they are
disclosing. Due to this reason of no existing sui generis law in India, the TK attached
to this land and to that of indigenous groups has been exploited at international levels
many a times. Many landmark cases such as - Basmati dispute, Turmeric dispute,
Neem patent case, Ayahuasca patent case and many more (will be discussed later in
this paper) proves this beyond doubt. If there would have been an exclusive law for
this protection then India won't be fighting at international platforms for protecting
the TK linked to it by filing petitions to revoke any patents if issued illegally or
safeguarding the produce which is originally the result of indigenous groups hailing
from India.
Hence keeping all such issues in mind and to take preventive first hand measures ,
there are the main reasons for introducing a sui generis legislation dealing with TK
prima facie. "The extant regime is woefully inadequate to effectively protect TK for
two principal reasons. First, the Indian Government has not clearly defined and
articulated the policy goals that should undergird any system for the protection of TK
thus far. In such a policy and legal vacuum, measures to protect TK will continue to
remain misguided and unimaginative steps that may help in diffusing temporary
conflicts, but would be simply untenable in the long run. Second, these measures do
not recognize the simple fact that intellectual property law and TK are diametrically
opposed to each other- while the former is predicated upon the notion of incentivizing
creative expression by vesting monopoly rights in artists and creators, the latter focuses
on communitarian creations." Meaning that already existing IPR regimes will not
perform this task of safeguarding TK and the rights of indigenous groups because
they are based on "cultural presuppositions" that do not fit the needs of such groups.
For the very reason to create trust and faith in market for this indigenous/traditional
knowledge related to biological resources. The new proposed IPR regime would vest
indigenous groups some level control over the use of their knowledge. This will in
turn raise incentives for the disclosure of that knowledge. This means that the indigenous
groups will be commercially benefiting from the disclosure of their TK. By the very
virtue of interpretation of "Article 29 of the Constitution of India which explicitly
empowers every community to preserve its distinctive language, script and culture.
As TK would squarely fall within the ambit of the term 'culture' in Article 29, the sui
generis framework should be designed with the primary goal of statutarizing the mandate
of the suprema lex."
Protection from "Bio colonialism" - Colonization is an age old process of theft and
control facilitated by doctrines of conquest such as the Manifest Destiny and Terra
Nullius, that claim the land as empty (except for the millions of aboriginals living
there), and non-productive (in its natural state). And as the self-proclaimed
"discoverers" of crops, medicinal plants, genetic resources, and traditional knowledge,
these bio prospectors become the new "owners". The current indirect protection
which is provided through various IPR laws allows Corporations (MNCs) to assert
monopoly claims over life forms they had no hand in inventing/bringing into existence.
This commercially exploits the indigenous groups at a large scale plus it also drastically
affects the economy of that country and specially that of "developing counProtecting
TK based upon plant based medicine, may enable India to accelerate its drug
development without being interrupted by false claims or law suits from giant firms
and corporations in relation to IPR protection.
Existing Initiatives for protection of TK
1. The Indian legislature realized the very importance of protecting TK and the
rights of indigenous communities. In respect to that they have following statutes
and their provisions into picture:
a) Patent (Amendment) Act, 2002 - Innovation based upon TK or duplication of
already known characteristics of TK is not patentable. And this amendment also
makes it mandatory for the patent applicant to disclose the source and geographical
origin of biological material used in invention.
b) Biological Diversity Act, 2002 - Section 4 of the Act gives discretionary powers
in the hands of the National Biodiversity Authority (NBA) that "no person shall
transfer results of any research relating to any biological resources obtained from
India for money consideration to any person who is not a citizen of India or to
any Body Corporate located or registered outside Indian territory without prior
approval of NBA."
c) Protection of Plant Varieties and Farmers' Rights Act, 2001 - This legislation
introduced the very concept of "benefit sharing" between the provider and recipient
of plant genetic source. Also an application which shall be made under this Act
shall clearly specify the geographical location from where the genetic/biological
source belonged. And finally if the application does not mentions about the
contribution of farming community and source of genetic resource then that
registration stands to be cancelled/rejected.
2. Traditional Knowledge Digital Library (TKDL) - "India's TKDL, a collaborative
project between the Government of India, Council of Scientific and Industrial
Research (CSIR), Indian Council of Agricultural Research (ICAR) and the
Technology Information Forecasting Assessment Council (TIFAC). These bodies
together are working tremendously for the documentation and conservation of
TK." India is the only country in the world to have set up an institutional mechanism
- the TKDL - to protect its TK. The TKDL enables prompt and almost cost-free
cancellation or withdrawal of patent applications relating to India's TK. "In sharp
contrast, absent the TKDL, it took 10 years (1995-2005) to revoke the patent on
the antifungal properties of Neem at the European Patent Office (EPO) and it
took a legal battle lasting 13 years for the EPO to revoke the Monsanto Soybean
patent in July 2007.Thanks to India's pioneering development of the TKDL, it is
now possible to prevent the wrongful grant of patents on Indian TK. The TKDL
has overcome these language barriers and is bridging the gaps in TK information
in major patent offices. Today, thanks to its TKDL, India is capable of protecting
some 0.226 million medicinal formulations and at zero direct cost." The TKDL
has been the biggest weapon with India to prevent its TK from the area of bio
piracy at a large scale and luckily it has been very effective since 2001, the time
when it was developed.
3. There have been initiatives at the global level also to protect TK relating to an
indigenous community to be a subject matter of bio piracy. The World Intellectual
Property Law Organization (WIPO) had set up and Inter-Governmental Committee
to identify the issue of TK, access to genetic resources and benefit sharing. But
sadly its framework a international level could not be formulated. Later on WIPO
brought in the Convention on Biological Diversity (CBD), 1992 - Section 8(j) of
CBD.
4. Indian Traditional Knowledge (Preservation and Protection) Bill, 2000 - Proposed
Bill, by the Cochin University of Science and Technology. Features of this Bill
would have been - definition of TK, creating a community TK trust which would
have exclusive right to manage the TK of that community, where the existing TK
of any community needs to be exported outside for money then it shall be done
with prior consent of the Trust and lastly it provided for civil remedies which
were available to the indigenous groups if their rights were violated by any person
(max. fine Rs. 2lakh and max. imprisonment for 3 years).
Therefore though there is no sui generis law which relates to the protection of
TK but above cited were some initiatives taken by different strata of the society
and the world to preserve the TK and the right of the indigenous community. Bio
Piracy is a very serious though a common issue these days. The offenders think
they can commit the crime of bio piracy and run without being noticed along
with the piracy they have committed. The reality in the field of TK is that till date
there is no exclusive law even after being trying for many years. Hence it can be
concluded that in the 21st Century there seems to be a burning need for a revisit
to this field and for introduction of a sui generis legislation which gets binding
effect all around the world. This may also promote fairness in the field of obtaining
IPRs protection and promote proper economic growth of the country involved
(place where TK belongs or genetic resources are originated from).
Judicial Advancements
There have been many landmark judgments in the past and many recent cases in
relation to the aspect of bio piracy and our Courts and IPR authorities have given
many good decisions. Few of such landmark judgments have been as follows:
1. Neem Patent Dispute - A US based Corporation, W.R. Grace, had claimed to have
discovered property of the Neem plant which resulted the plant to be a "fungicidal
product". European Patent Office (EPO) granted a patent in this behalf. At later
stages India opposed this patent on the grounds that this property of the Neem
plant was part of the TK of our country as well as was already in public domain
since ages. Therefore this left the USA's Neem product to not being an invention
and of no novel character. Hence the patent was revoked completely/in its entirety
by EPO.
2. Turmeric Case - "Indian Council for Scientific and Industrial Research (CISR)"
filed a case with the UPPTO challenging the patent on the grounds of already
existing public knowledge. CISR claimed that turmeric was being used along with
its medicinal properties and all this was already existing public knowledge. CISR
presented an ancient Sanskrit text along with a paper which was published in
1953 in Indian Medical Association (IMA) Journal. As a result of which the USPO
revoked the patent in its entirety.11
3. Ayahuasca Case - A plant variety by the name of Ayahuasca which was grown
only in the Amazon Rain Forest, was patented by a US citizen, in 1986. The
reason for patent was that they claimed to have discovered the healing qualities of
this plant. Whereas this plant was already used by the people/healers and religious
leaders of the Amazon Tribe to treat sickness and also to have a contact with
spirits (dead people), for generations. As a result this Tribe applied for rejection of
the patent in USPTO and obtained the same.
4. Colgate Case - India had accused Colgate Co. for stealing their 1000 year old
Indian recipe which comprised of tooth powder composition of - red iron oxide
and clove oil. As a result of this act, Indian activists are accusing Colgate for "Bio
piracy" for stealing and patenting a 1000 year old folk recipe of toothpaste. The
activists claim that all the ingredients used by Colgate date back to antiquity, used
by common Indian man for many years in their daily lives. Efforts are still being
carried out by India for building a full proof 34 million web pages document for
substantiating that the ingredients were well known.12
5. Nestle Case - A subsidiary of Nestle Company named Nestec was accused of
using two South African origin plants namely rooibos and honeybush. These
plants were originally used in manufacturing herbal teas. Whereas Nestec filed
for patent upon these plant varieties for using them to treat hair and skin conditions.
The South African government accused Nestle of bio piracy in relation to these
varieties of their plants. Nestle never received permits to use rooibos and honeybush,
according to the Natural Justice and the Berne Convention. These patents which
were granted to Nestec were clearly against Convention on Biological Diversity
(CBD) and the South African Laws. Alleged by South African side that Nestle
builds its new business on illegally accessed material, precluding South Africa of
their rightful share of benefits. The principle of international law relating to "ex -
situ" resources was also invoked by Nestle's side which mentions about the
community which owns the genetic resources once, have now been removed
from their country of origin. Meaning that these two plant varieties once used to
be related to the country of origin, i.e. South Africa but now that region was not
a part of South Africa. Therefore they did not have any right or geographical
indication over them. This principle of international laws still stands very much
unclear. According to CBD, the genetic resources always are a subject matter of
national sovereignty. Hence, after all this parties have been negotiating since 2002.
Conclusion
After a detailed analysis of the topic and the technicalities involved in regard of traditional
knowledge vesting with the indigenous communities I would like to express my concern
when it comes to the issue of bio piracy because we do not have any properly organized/
drafted legislation for the protection of those genetic resources. Also the reason is that
it has been expressed globally by many organizations, governments, activists and
indigenous communities that traditional knowledge lies beyond the scope of IPR laws.
Even though we are living in the 21st century with such advance legislations and rules
in regard to IPR laws still subject matters like traditional knowledge and bio piracy
have not been able to come under the cap of any special legislation. Since these
aspects are separate from the scope of IPR protection they deserve a separate legislation
because otherwise they ultimately come in conflict with IPR protections. The
advancement of technology poses the highest threat to traditional knowledge of the
indigenous communities. It is the easiest accessible way to commit the offence of bio
piracy. Research in today’s time has turned out to be spontaneous task and that in turn
is creating a series of cases in relation to violation of exclusive cultural and moral
rights of the indigenous communities, i.e. by committing bio piracy by the third parties.
Internationally, developing countries and least developed countries support the use of
intellectual property to protect traditional or indigenous knowledge. “Developed
countries, however aren’t in favour for this approach, and may be due to the fact that
multinational pharmaceutical companies from these countries are the greatest poachers
for TK from their developing countries counter parts. Many of these developed countries
do not support and abide treaties and such activities lead to the protection of TK at
international forums such as WTO and WIPO.” 13 Even in today’s era where there are
under developed and developing countries which can achieve economic support from
the developed countries if the developed countries adopt bio prospecting rather than
bio piracy, by giving them the right and benefit over their share of profit. “Sharing of
benefits through technology transfer, research results, training and profits can contribute
to poverty reduction and sustainable development in biodiversity rich developing
countries.” 14
The final argument brings us back to the necessity of having a sui generis law in
relation to TK in relation to the indigenous groups. The law shall contain a 3-tier
system of dispute settlement and appeal, i.e. at the State, National and International
Level. This means that the law in relation to this subject matter shall be having a set of
uniform international rules and regulations for all nations. The entire genesis of TK,
genetic resources and indigenous communities shall be under the ambit and jurisdiction
of the special authorities/Courts. The following three points um up about the dire need
of revisiting the situation, standards and law related to TK and to tackle/fight/curb bio
piracy:”It is critical to respect the sacrosanct nature of TK and to unequivocally
recognize the fact that protecting TK does not merely mean curbing improper
misappropriation of such knowledge but also includes protecting the essence of the
knowledge. More specifically, it is necessary to accept that TK is essential for the
survival of indigenous communities and lies at the heart of their cosmo-vision.”
“The sui generis system must be participative in nature and must promote wide-
ranging consultations amongst all stakeholders before arriving at any conclusion. Far
too often, wealthy businesses offer alluring benefits to individuals belonging to indigenous
communities and thereby elicit the knowledge that they need for serving their own
parochial interests. It would, therefore, be apposite to emphasize the fact that no
single individual has the power to decide the fate of traditional forms of creative
expression that are created, maintained and revered by the community as a whole.””Even
though it is imperative that we pay heed to the emotive appeal of the plight of indigenous
communities, we cannot lose sight of the fact that a lopsided framework can stultify
the growth of our rapidly burgeoning knowledge economy by denying IP protection
for refinements to TK that substantively improve its efficacy and utility. Therefore,
any creation that fills knowledge gaps in traditional art or culture must be adequately
protected by the intellectual property regime.
(Endnotes)
1. Suvarna Pandey, Biopiracy related to Traditional Knowledge & patenting issue,
available at:http://www.birac.nic.in/webcontent/dib.pdf (last visited on November
02, 2020).
2. Madhu Verma, India Victim of Biopiracy, availableat:https://www.researchgate.net/
publication/310990974_India_Victim_of_biopiracy(last visited on August 05, 2020).
3. Protecting Indian Traditional Knowledge from Bio piracy, available at: https://
www.wipo.int/export/sites/www/meetings/en/2011/wipo_tkdl_del_11/pdf/
tkdl_gupta.pdf (Last visited September 10 2020)
4. Protecting Indian Traditional Knowledge from Biopiracy", available at: https://
tkdl_gupta.pdf (Last visited on October 03, 2020)
5. Suvarna Pandey, Biopiracy related to Traditional Knowledge & Patenting issues,
available at:http://www.birac.nic.in/webcontent/dib.pdf, (Last visited on October
09, 2020)
6. Swaraj Paul Barooah,"Safeguarding the sacredness of Traditional Knowledge-an
argument for a sui-generis frame-work for its protection", available at: https://
spicyip.com/2015/07/guest-post-safeguarding-the-sacredness-of-traditional-
knowledge-an-argument-for-a-sui-generis-framework-for-its-protection.html,
(Last visited on November 04, 2020)
7. Swaraj Paul Barooah, Safeguarding the sacredness of Traditional Knowledge-an
argument for a sui-generis frame-work for its protection, available at: https://
spicyip.com/2015/07/guest-post-safeguarding-the-sacredness-of-traditional-
knowledge-an-argument-for-a-sui-generis-framework-for-its-protection.html,
(Last visited on November 04, 2020)
8. Debra Harry, Biopiracy and Globalization: Indigenous People face a New Wave of
Colonialism, available at:http://www.ipcb.org/pdf_files/globalization.pdf, (Last
visited on November.10, 2020).
9. Dr. M. K. Bhandari, Law Relating to Intellectual Property Rights 45 (EBC Edition:
5th Ed, 2007).
10. Protecting Indian Traditional Knowledge from Biopiracy, available at: https://
tkdl_gupta.pdf, (Last visited on November 7, 2020).
12. Suvarna Pandey, Biopiracy related to Traditional Knowledge & Patenting issues
available at: http://www.birac.nic.in/webcontent/dib.pdf (Last visited on 3
December, 2020)
13. Supra Note 9 at 323
14. Suvarna Pandey, "Biopiracy related to Traditional Knowledge & Patenting Issues",
available at: http://www.birac.nic.in/webcontent/dib.pdf, Accessed on: Feb.12,
2019
��
Right to Health- Emerging Trends vis-a-vis

Pandemic
Dhawal Shankar Srivastava

PhD Research Scholar
Abstract
The average life expectancy in India has increased from 49.7 years in 1970-75 to 68.7
years in 2012-16.1 A big reason for such positive leapt is because of emphasis on
improvement of public health system. The term public health is a holistic approach
which aims at preventing disease, prolonging life and promoting health through an
organized efforts of society. A robust public health system requires coordinated efforts
from multiple stakeholders such as Government, private sector, Non Governmental
Organizations and also from the community. Even after improvement of life expectancy
the healthcare in India is like the neglected middle child which needs more attention
now in the wake of ongoing pandemic of the novel corona virus. This pandemic was
unexpected which caught the whole world off guard. The primary laws at disposal for
authorities while bracing up to tackle the pandemic were the Disaster Management
Act of 2005 and centuries old Epidemic Disease Act of 1897. While the Disaster
Management Act primarily deals with natural calamities rather than dealing with
infectious diseases, the Epidemic Disease Act has more emphasis on policing provisions
which clearly reflects the colonial era motivation of not addressing the core problems.
It is in this backdrop India is in dire need of a dedicated public health emergency law
which doesn’t just focus on medical care but which aims at equitable allocation of
resources aimed primarily at the most vulnerable and wretched such as migrants,
homeless, elderly, woman and children. This article will primarily look into the aspect
of Right to health in the backdrop of the pandemic like situation and how there is a
need of a dedicated public health emergency law to embolden this right, also what
should be the line of action now in order to attain self reliance in health sector so as
to effectuate the health as a right.
Key Words: Public Health, Pandemic, Covid-19, Aatmnirbharta (self reliance).
Right to Health- Emerging Trends vis-a-vis Pandemic 75
Introduction
If one looks the concept of health in the constitutional framework then one will find
that matters pertaining to health are scattered in the constitution in bits and pieces. As
per Art 47 of the constitution the state has been entrusted with the duty to take steps
so that the level of nutrition and standard of living of people steps up and the state
should endeavour to improve the overall public health. Similarly Art 39 and Art 42 also
shed light over the duty of the state to muster conditions which ensures optimum
scenario for good health of the people.2 One of the basic demerits is that health as a
directive principle is non justiciable and only act as a guiding principle for the state to
follow a humanitarian socialist outlook to bring forth a social revolution.3 A nascent
nation state in making which had just attained independence after centuries of wretched
colonial experience had economic limitations in attaining every social pursuit, perhaps
this could be the reason that health couldn’t become a fundamental right and found its
place in directive principles of state policy.4
Central Government as well as the state Government has power to legislate on the
subject of health which occurs in the various entries of the List I, List II and List III.5
The whole set of legislations covers variegated fields such as prohibition of conduct
which is injurious to health, authorization of programmes which promote health,
surveillance and supervision over the quality of health and regulation pertaining to
ethical and moral issues in health care.6 This paper is divided into three parts, the first
part highlights the role of judiciary in advancing and developing the concept of health
as right, the second part deals with the grappling need to have a emergency health law
dealing with situations like pandemic and the third part pertains to how India can work
forward now in order to improve the health infrastructure and to attain aatmnirbharta
or self reliance in health sector and why self reliance is necessary now.
Role of Judiciary in the development of Right to Health
If we look at the role played by judiciary in developing the concept of health as a right
then we can see, that hitherto, the judiciary has played a significantly positive role.
The earliest case law that can be attributed to this discourse is the case of Ratlam
Municipality v Vardhichand.7 The case pertained to hygiene of a particular locality,
the Ratlam Municipality played to the gallery and shrugged off its responsibility by
submitting that the work pertaining to hygiene of the particular area cannot be carried
off because of paucity of funds. The honourable court held that the municipality was
established with a primary duty of maintaining health and hygiene of public and it can
not excuse itself from performing its duty on account of lack of funds. The following
words of Justice Iyer are noteworthy:8The state will realize that Art. 47 makes it a
paramount principle of governance that steps are taken for the improvement of public
health as amongst its primary duties.The judgment is futuristic in nature as the court
categorically asserted that without right to health, all other fundamental rights become
infructous.9
The case of Parmanand Katara v. Union of India is of seminal importance as one
of the most important and often neglected matter was addressed by the Supreme
Court i.e the responsibility of the hospitals to provide timely treatment to injured
people.10 The court held that it is incumbent on the doctor that services should be
extended to people who are in dire need of medical assistance when brought to the
hospital and procedural requirements should not become a hindrance in realization of
such services. Failure on part of hospitals amount to violation of right to life as enshrined
in Art 21. The case thus established that a welfare state has the responsibility of not
just entrusting a right but also to muster conditions whereby the right is realized by the
people by bringing in best practices. In the case of CESC Ltd. v. Subhas Chandra
Bose, the Supreme Court looked into the plight of the some of the most downtrodden
strata of the society, the workmen and the perils of health and safety owing to the
nature of the work they perform. The court made it clear that state has a duty to make
such conducive nature which results in improved standards of health and nutrition
amongst the workmen as the health is directly consistent and proportional to the
dignity of a person.11 Consequently directions were issued for compulsory health
insurance of the workmen, it was further directed to both the Union and State
Governments to scrutinize the existing standards of permissible level of exposure of
asbestos to which the workmen could be exposed.12 The case of Paschim Banga Khet
Mazdoor Samity v. State of Bengal is a landmark judgment in a way that court gave
extensive directions to the state as to how the public health can be protected.13 Thus
the court passed a string of directions from improving health facilities from district
and sub district level to adequate availability of beds to proper arrangement of ambulance
for transport.14 The court from time to time and from case to case has directed the
state and Union Government to take measures in order to improve the health and well
being of the people, thus court held that it is in competence of the government to
impose prohibition on consumption of spurious and intoxicating drinks.15 Whether it is
right to health of mental patients16 or the ill effect of noise pollution on health17 or the
serious harmful health hazard because of pesticides18, the judiciary has tried to embolden
the right to health in totality.
Right to health and Pandemic
The Spanish flu of 1918 was a horrendous event which took at least 50 million lives,
some experts argue that the sad death toll could be more than the estimated number.19
It is also estimated that around 500 million people around the globe were infected.20
India suffered a lot during this pandemic period as an estimated 10 million to 20
million death lives were nipped in bud, roughly 6% of India’s population had to face
such wretched destiny.21
The sordid and gloomy event had a silver lining of its own, as it was the first time
the governments all around the world seriously considered improvement in its approach
towards health. Till the doomed event the attitude of government were not benign
towards the victim, rather the whole responsibility was conveniently put on the victim
itself as if the conditions were precipitated by the one who is on receiving end.22 In
1896 when bubonic plague engulfed India the British colonial empire instead of getting
into the root cause of the problem unleashed a set of draconian measures over people
who were already suffering, the house of the victims were burned as a measure to
contain the disease.23 The privileged white people of Europe hitherto considered them
as genetically superior, post the Spanish flu catastrophe the myth was broken and it
was realized that death and disease does not differentiate amongst people.24 The world
saw for the first time that health ministries were established in 1920’s.25
One of the biggest requirement which India is in dire need of is a full fledged
Public Health Emergency law. The way interaction between human to animal is
increasing its not surprising that humans are becoming more prone and vulnerable to
diseases. The next pandemic maybe standing like a Trojan Horse and may hit us
anytime in future. Even at present we can see new deadlier version of Covid-19
unleashing over people and further mutation of such microorganism cannot be ruled
out.26 With growing urbanization and people living in substandard conditions the threat
is now more serious.When India was finally hit by Covid-19 then India had at its
disposal two primary laws to tackle with the problem. One was the colonial era Epidemic
Diseases Act of 1897 (hereinafter called as EDA) and the Disaster Management Act of
2005 (hereinafter called as DMA). The colonial era EDA came into existence in the
wake of bubonic plague of 1896 and it contains traces of outdated methods which
primarily give emphasis on travel restrictions, sequestering measures and powers of
the authorities.
The EDA states that this is an act which is aimed at prevention of spread of
dangerous epidemic diseases. However when we look at the definition clause then we
can see know definition has been provided neither about dangerous, nor about epidemic
nor about disease.27 One can’t even see the criterion or the touchstones to ascertain
when a disease progresses into the realm of an epidemic (the concept of pandemic
wasn’t even imagined in this act). The act doesn’t talk about the essential human
rights which should be entrenched and observed whenever the situation arises, during
such extreme times the possibility of the civil rights getting trampled by the obstinate
official fiat is high. Section 3C and 3D are most draconian as S.3C directly violates the
most basic features of criminal law i.e burden of proof on prosecution to prove the
guilt; Section 3D makes it a strict liability offence. A populace which is already under
strain of a deadly pandemic looses ordinary civil rights thus adding to their woes and
law becoming a villain rather than turning into a savior for them.
Similarly the Disaster Management Act also does not address the problem, the act
is limited to disaster which could be man made or natural.28 It also generally deals with
powers and functions of the state machinery and the central government in the event
of disaster. The act does not talk about a situation like pandemic or what should be the
line of action during a potential outbreak.The response through these legislations are
limited and less effective and hitherto haven’t been very successful, as the pandemic
unfolds into new challenges on every day basis, it is high time that legislation should
start working on a dedicated pandemic preparedness plan by enacting a Public Health
Emergency Law.
The following aspects should definitely feature in the law:
1. It is now an absolute necessity that workable definitions of the terms such as

‘Bio- Terrorism’, ‘Quarantine’, ‘Pandemic’ should be included, the term social
distancing should be replaced by the word physical distancing as during such
pandemic social solidarity is something which is of utmost importance, cue should
be taken from the draft of the ‘Public Health (Prevention, Control and Management
of Epidemics, Bio- Terrorism and Disasters) Bill.
2. There are several piece of legislation such as Indian Ports Act of 1908, Livestock
Importation Act of 1898, Drugs and Cosmetics Act of 1940, which are now too
archaic and in the absence of harmonization fails to cooperate and supplement
each other when the time arises, tautology of law sis only going to increase
confusions, it is, therefore, desideratum that the multiple laws dealing with similar
subjects need to be harmonized and the archaic ones need to be done away with.
3. Many states have their own colonial era legislation such for example the Madras
Public Health Act of 1939, the new Public health emergency law should make a
model setup which could be conveniently followed by the states, the main emphasis
should be promoting the spirit of cooperative federalism. In order to fulfill this
object, health should be kept in concurrent list.
4. It was observed that health care officials had to deal with perils associated with
the nature of the work in which they are engaged. Not only are they first line of
defense in the event of pandemic, they are also prone to systematic violence by
the public at large. It is thus necessary that a uniform compensation and insurance
scheme should be available for such health care officials.
5. Since our villages lack the basic infrastructure related to healthcare, therefore, it
is utmost important that the third tier of the system should be emboldened. The
people associated with governance at the third tear i.evillages and municipality
should be trained enough to face such situation. The 73rd and the 74th amendment
is testimonial to the fact that how important the role of third tier in governance is,
however, the spirit of 73rd and 74th amendments have not been fructified in letter
and spirit. Delineation of powers should be such that there should be minimum
hindrance and maximum cooperation.
6. A pandemic like situation puts the lives of the most vulnerable on a tailspin. Post
lockdown the world saw an extraordinary migration of laborers taking place from
the nook and crannies of India, a exact number of workers who got affected due
to this crisis is difficult to ascertain. As per the World Bank 40 million laborers got
affected post lockdown.29 We also came to know how women become more
prone to domestic violence.30 It is, therefore, critically required that the new law
on public emergency should address the problem of the most marginalized and
most vulnerable such as woman, children, elderly people, sexual, religious and
ethnic minorities.
7. Various channels of supply chain should be identified and legislations pertaining to
the same should also be identified, relevant data should be collected, streamlined
and managed.31
The Road ahead- towards aatmnirbharta in health

Survival instinct is one of the basic traits of a human being, not just a trait but perhaps
the greatest teacher for the human beings as well. However this innate quality is also
one of the most selfish. When emergency occurs the prime goal of a human being
turns into self preservation and preservation of his family. When the pandemic struck
the world a year ago, we saw countries all around the world started to stockpile
essentials for their own citizens, the prices started to skyrocket, in a special report by
International Monetary Fund, it was pointed out that how during the initial phase
when pandemic arrived then the trend all around the world was to hoard essentials
such as food, medicines.32 The more rampant was the stockpiling of 3M masks and
alcohol based sanitizers.33 India had to place immediate orders around the globe for
ventilators, masks, sanitizers and rapid antigen testing kits, however, many a times we
received faulty and substandard equipment.34 As Greek philosopher Plato once said
that ‘necessity is mother of invention’, this pandemic has given us a great opportunity
to correct the lackadaisical state of our public health system. First and foremost a
country like India needs a robust health infrastructure and its high time that the
Government start investing more. Today India earmarks only 1.28% of its GDP for
health, which is peanuts compared to United States of America which spends around
18% of its GDP. While its not plausible to rollout such a whopping measure immediately
but its necessary that the target should be around 3% in next budget session.35 Equally
important is to spend more on Research and Development (R&D), India at present
spends 0.7% of its GDP on R&D, China spends around 4.4% of its GDP on R&D.36
Research and development is key to success in future and India has heaps of vitality
and possibility in this area, by making continuous development in this area we can
lower our imports in long run, high level of imports can never let us achieve the goal
of self-reliance.37 A 2016 joint report of EEPC India and Deloitte reveals that 70-90%
of medical equipment required for domestic needs is imported by India.38 Furthermore,
India imposes highest duties on medicines, ventilators , oxygen masks,reagents, as
per a report by World Trade Organization (WTO) , India’s duty on respirators is 10%
while China imposes only 4%.39 These combined factors aggravate the cost of health
to an exponential limit thus keeping it out of the hands of common people.
One way by which such import can be reduced is by promoting private public
cooperation. For example Indian Institute of Technology, Kanpur and Notto Robotics
got into a joint venture with a public sector company called Bharat Dynamics for
producing low cost ventilators.40 The cost of one ventilator is around 1.5 lacs against
the price of ventilator which is imported which costs around 10 to 25 lacs.41 Similarly
Mahindra and Mahindra Ltd (M&M) have made ultra-low cost indigenously built
ventilators that can cost less than rupees 7500.42
Conclusion
One can see how judiciary dynamically changed the concept of health from a directive
to a positive duty and also a fundamental right. Having said that still the efforts of
judiciary cannot commensurate the act of legislation. Even the most exhaustive guidelines
by judiciary cannot act as a substitute to well researched drafted laws which is made
by experts on particular subjects. Also different judge can perceive the problem in
different way and in the absence of well streamlined policies there could be inconsistent
decisions which may cause confusion.The corona pandemic has completely changed
the concept of health and has destabilized the hitherto entrenched notions of normalcy.
This pandemic has exposed the chinks in the armor of the health infrastructure around
the world; the democratically elected governments have to play a pivotal role in
addressing the core problems. This pandemic showed that nothing can withstand the
might of nature, the most advanced nations crashed like pack of cards because of the
present pandemic and made us realize that death is the most equitable master which
doesn’t differentiate among people on the basis of caste, sex, race, gender or religion,
as a society more solidarity amongst us is required, while the physical distancing
should go on but hearts and minds should not get distanced from each other, while the
macro details of the pandemic should be well appreciated the micro details of the lives
of the people and the tragedies they suffered should not be forgotten. India should
head towards aatmnirbharta, a self-reliance which is equitable, just and is inclusive,
which tries to include the most wretched and destitute to the mainstream.
(Endnotes)
1. National Health Profile 2019. available at: http://www.cbhidghs.nic.in (visited on
November 31, 2020.)
2. Art 39 of the Constitution: The State shall, in particular, direct its policy towards
securing,(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength. Art 42: The state
shall make provisions for securing just and humane conditions of work and for
maternity relief.
3. Granville Austin, The Indian Constitution- Cornerstone of a Nation 75 (Oxford
University Press, New Delhi, 13th edn., 2008).
4. Upendra Baxi, “The Little done, The Vast Undone” 9 JILI 345 (1967).
5. List I, Entry 28 of Schedule VII of the Constitution: Port Quarantine, including
hospitals connected there with; seamen’s and marine hospitals. List II, Entry 6
of Schedule VII of the Constitution: Public Health and sanitation; hospitals and
dispensaries. List III, Entry 26 of Schedule VII of the Constitution: “Legal, medical
and other professions”.
6. Dr Bismi Gopalkrishan, “Legal System and Judicial Responses to Healthcare Issues
in India”, B. Sandeepa Bhat (eds.), Reflections On Medical Law and Ethics in
India 1-36 (Eastern Law House, 2016).
7. AIR 1980 SC 1622.
8. Ibid.
9. Supra note 6 at page 995.
10. AIR 1989 SC 2039.

11. (1992) 1 SCC 441.
12. Ibid.
13. (1996) 4 SCC 37.
14. Ibid.
15. State of A.P v. McDowell and Co. (AIR 1996 SC 1627).
16. In re, Death of 25 Chained Inmates in Asylum Fire in T.N (AIR 2002 SC 979).
17. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare
Association (2000) 7 SCC 282.
18. DYFI v. Union of India, (2011) 15 SCC 528.
19. Available at: http://www.Cdc.gov/flu/pandemic-resources/1918-pandemic.
(Visited on December 20, 2020).
20. Ibid.
21. Siddharth Chandra & Eva Kassens, A Study maps the spread (and decline) of the
1918 Spanish flu in India, available at http://www.Scroll.in/article/966655/a-
study-maps-the-spread-and-decline-of-the-1918-spanish-flu-in-india. (Visited on
December 20 ,2020).
22. Laura Spinney, The World Changed its Approach to Health after the 1918 Flu.
Will After the Covid-19 Outbreak?, available at: http://www.time.com/5797629/
health-1918flu-epidemic. (Visited on December 20, 2020).
23. Ibid.
24. Ibid.
25. Ibid.
26. Explained: With the Corona virus mutating, what does that mean for us?, available
at http://www.indianexpress.com/article/explained/coronavirus-variant-new-
mutation-explained-uk-britain-7113297/. (Visited on December 22, 2020).
27. Section 1A of the Epidemic Diseases Act, 1897.
28. S.2(d) of the Disaster Management Act, 2005.
29. Covid-19 Crisis Through a Migration Lens, available at:http://
www.do cu ment s . worl db a nk. org/ e n/ pub l i ca t i on/docume nt s r epor t s /
documentdetail/989721587512418006/covid-19-crisis-through-a-migration-lens.
(visited on December 22, 2020).
30. Date/Domestic violence complaints at a 10 year high during covid-19 lockdown,
available at : http://www.thehindu.com/data/data-domestic-violence-complaints-
at-a-10-year-high-during-covid-19-lockdown/article31885001.ece. (visited on
December 22,2020).
31. Towards A Post – Covid India- 25 Governance Challenges And Legal Reforms,
available at: http://www.vidhilegalpolicy.in/research/towards-a-post-covid-India-
25-governancechallenges-and-legal-reforms/. (visited on December 23, 2020).
32. Ehsan Ebrahimy, Deniz Igan & Soledad Martinez Peria, The Impact of Covid-19
on Inflation: Potential Drivers and Dynamics, available at
http:www.imf.org>publication>covid-19-special-notes. (visited on December 23,
2020).
33. Ibid.
34. India, several other nations receive faulty corona virus test kits from China,
available at http://www.wionews.com/india-news/india-several-other-nations-
recieve—faulty-coronavirus-test-kits-from-China-292974. (visited on December
23, 2020). 1. Paul Abraham, Building a Health Infrastructure for Atmanirbhar
Bharat, available at http://www.expresshealthcare.in/blogs/guest-blogs-
healthcare/buiding-a-health-infrastructure-for-atmanirbhar-bharat/422283/(Visited
on December 23, 2020).
35. Ibid.
36. Ibid.
37. Medical Devices, Making In India- A leap for Indian Healthcare, available at
http://www.deloitte.com>deloitte.life-sciences-healtcare. (Visited on December
23, 2020).
38. Available at http://www.economictimes.indiatimes.com/news/politics-and-nation.
39. IITs startup develops Covid Ventillator which is 90% cheaper than imported ones,
available at http://www.livemint.com/companies/start-ups. (Visited on December
23, 2020).
40. Ibid.
41. Mahindras launch ventilators in less than two months, available at http://
www.tribuneindia.com/news/nation. (Visited on December 23, 2020).
��
Pivotal Role Regarding the Branches of Modern Forensic Techniques 83
Pivotal Role Regarding the Branches of

Modern Forensic Techniques: An Insight for
Judiciary System
Garima Jargar
B.A. LL.B (Hons), 3rd year ,
Maharashtra National Law University,
Nagpur (Maharashtra)
Abstract
“The judiciary system or Courtroom relies more upon the factual information with
vital evidence that should undermine the category of discipline and dictate over the
validity through the rule of circumstantial evidence which was collected. Detecting
the nature of crime and identifying the traces which can be used to have a greater
level of accuracy for resolving the captured, retained, and examined data, capabilities
of intersecting the fields of science/medical, legal statutes, policing, governmental
assistance, and alliances which are framed for fulfilling or reach out to the efficient
level of utility for the main agenda to procure justice. A strict provision within which
the prosecution should follow all the standard procedure outline the burden of proof
that elaborates the evidentiary proof which is examined beyond every constructive
element of reasonable doubt that should be neither the possibility nor assumption over
the principles nor the practicability or hypothetical presumption without taking the
forensic science into the decisive role. In order to retain and establish the pleading of
criminal charges before the eye of law within which the utilization of the scientific
course and a fledged manner of physical evidence into the administration as well as
the functioning of procedure of emphasizing the justice. In the exponential growth
with the potential welfare towards the economy that is some sort of serious challenge
for the digital forensic world which can be termed under elucidating in nature and
bifurcated in the conceptualized through the practical level of advancement. Proofing
a crime can be a very exaggerating and complex transaction with an ultimately
objectified goal to improve the legal severity of the Indian Judiciary which should
uphold the possession of power for proving or disproving the offense in a legal manner
to finding the actual perpetrators.”
Keywords – Technological Development, Forensic assistance, Burden of Proof and
Criminal Justice.
Introduction
No wonder technology has infiltrated every minute aspect of people’s lives in an epic
manner within which solving of the crime, getting indulge with an investigation, and
for extracting any sort of factual information, the advancement of futuristic traces
has made territory to take a position in an allied nation. For retinal scanning of the
evidence which has been retained from the crime scene, are so advanced in
characteristics that help science to inbuild a fiction thriller. In the era (medieval) of the
nineteenth century, the natural and absolute science began to develop within the leap
as well as bound, towards the mystic theories, theretofore, the advancement for
elaborating the scheme of policies that began to lose the ground as clear, cold logic for
the scientific experiment, and gradually shed towards a new light on the mysteries of
the universe.1 The turning point of the view which made mystic thesis to the scientific
collection become the apparent trait not only the criminal investigation but also in the
several forms of facets within the ambit of the legal system. Before venturing over the
fascinating approach and intriguing the global Medical science which gives a clear link
towards the evidence and working of forensic science. Justice does not come or will
be under the guidance with a single click or any type of blink to anybody as it takes an
incredible or unexpected amount of several moves for achievement.2
Many of the individuals are misguided or even mistreated because of the sole idea
of getting justice with one proceeding but a bitter truth is – it requires a lot of time,
patience, energy, resources, and several steps for serving impartial or unbiased conducts.
Every action starts with the commission of the crime towards the police investigation,
whenever the scrutiny is going on the court proceeding goes on, and finally the judgment
as well as convictions. In the progressive and democratic form of society, legitimacy
over the law, and hallmark should be taken into consideration for the justice system.
Whenever there is a conversation regarding the courtroom, the conduct of criminal
offense, and bringing equality among play, judges play a crucial role which can view
as a backbone towards the judiciary system.33 Sinisa Franjic, Legal aspects of Forensic,
With the cure duration of the time concerning the advancement within the field of
science and law, it has been taken into consideration that the development in process
of the three tiers of government has made huge in the count. Referring to this scenario,
there has been a remarkable root of penetration over the technology, skills, and
techniques within the process of solving criminal investigation or solving crime, in
this particular circumstance the field of forensic science has proved for another crucial
assisting hand for the judiciary section.4 For understanding the term forensic science,
first, there is a conduct of crime which consist of four-element i.e. first is the formation
of the intention, motive, mental elements, and thought of the expression, second is the
preparation of/for the commission of a crime, third consist of acting or action on the
sole basis of preparation which has been done by the accused, and last is a commission
of the act results in an actual event which is proscribed by the law. Forensic science
is bifurcated among the concept where the science meets the implementation of the
law, which has vast significance over the criminal and civil nature of matter. The
mandatory which fulfils the criteria of finding the physical evidence present in the
crime scene. Impetus over the fair or impartial judgment, the shreds of the factual
information with evidence found on the play where the offense was committed to
playing a paramount role towards the solving of the case. All the evidence, factual
information, and minute details regarding the offense are considered in the form of
secondary evidence within which the documents are being held in the primarily focused
sample. The primary set of evidence for amalgamating over the secondary evidence
which is enforced within the court of law assists the court in understanding the facts
as well as delivery of the judgment.5
The chronology of Stalwarts: Historical Era of Forensic Science
As there was an immense development as well as growth towards the criminal justice
system, that leads to an extraordinary diffusion within the criminal investigation over
which the techniques as far as the agenda that is considered under scientific infusion
which was concerned and examined in the previous past few decades. The use of
vulnerable scientific tools and resources over the degree of crime detection by the
government authority i.e. polices authorities, recognition or identification of the alleged
criminal/accused/culprit helps in enacting a crucial depth link between the two tiers of
governmenti.e. judiciary as well as a police force. Further, it can take in such a manner
that the account of the physical segment of the evidence which is consistent traits and
determines the rate of accuracy over the innocence or guilt of the crime. Forensic
science has always been elaborated in such a manner that it is a discipline that functions
over a defined parameter of the judicature and may be considered as a remarkable
contribution for supporting the justice within the part of criminal investigation with
other vicious, serious or heinous violations of the acts. The main purpose is to provide
with the guidance of the conduct towards the criminal investigation through the
entitlement over the identification or recognition and retrieval of the shred over evidence
at the crime scene and for collecting accurate information within which the people
can rely on the resolution of the criminal, civil, and common disputes. Crimes that can
be included – murder, violence, rape, abuse, accident-related incidents, displaced/
missing persons, undisclosed community, fraudulent conduct, and forgery leading to
a conspiracy.6
The mainstream of forensic science is not that much new for the judiciary system
as the evolution came from Argentina which was considered as one of the first
countries which incorporated forensic evidence for a criminal investigation in the year
1902. Sir William Herschel firstly presented the fingerprints as evidence for the
identification of the suspects. In the Indian judiciary which relies on evidence like a
footprint, fingerprint, DNA analysis, lie detector, biological process, post-mortem,
and more since ages. The analysis has been uplifted over the fundamentals of criminology
that there is no perfect crime which helps in rational equitability i.e. for convicting the
guilt and pardoning the innocent. Applying the science towards the statute for enacting
the law agencies in criminal justice for enforcement of the policies with concern to
the concepts, means, methods, and legal matter which proofs the analysis.7 Multiple
areas bifurcated as sociology, forensic chemistry, cyber studies, biological, etc, can
identify the main accused as physics can be used as the blueprint of the blood dispersion;
biochemistry can be possessed over the seeks of strengthening the unverified suspect,
and in the field of chemistry, the agencies can find the chemical composition of different
or varied types of drugs. Integration of all specified skills and acts as a critique for
qualifying the tools for making the dispensation of the justiciable conduct in criminal,
civil, legislative, and societal contexts. There is a need for the application of the science
within the guideline of law that should not violate the provision and the implementation
goes in dissemination criminal justice which was arisen by the following factors –
Societal Vagaries within the rapid speed, Obscurity i.e. transportation or shifting of
societal paradigm from the area of rural to urban which can facilitate the act of crime
for an escape from immediate and sudden punishment, Technicality over the system,
Extensive level of the arena, and Better facilities and evidence.8
Research Question and Hypothetical Assumptions
1. What do the Indian existing laws or statutes say about the usage of forensic
science in criminal based proceeding?
2. Can forensic science be the sole reliable source for the investigation? Over
the uncertainty, should it elaborate that forensic science should be not be
used or capable as a shred of evidence?
3. What is all about the nature of criminal/penal law and forensics that deems
both fields as compatible or not compatible?
4. There is a popular as well as the famous notion that explains the scientific
collection of evidence is infallible? What can be consideration and contribution
taken up to the idea that science that entirely fools the proof which conclusively
couldn’t possibly be erroneous?
5. What duties should be played by the state authorities? Can the public help
with the investigation under the supervision of the government?
Branches of Forensic Science: Assistance towards Law

There are various fields for solving or making it simpler upon the investigation related
to the case which is divided among the varied level of branches as an integral part or
section of the criminal based system –
a) Forensic Odontology – it is that branch of the investigation within which the
forensic apply the dental expertise within the ambit of the legal system, as
forensic dentistry is synonymously towards odontology. It can be elaborated
as the scrutinization which is estimated by properly handling the specified
evidence which can be further presented before the court of law, inbuilding
for seeking the interest towards justice. An analysist/odontologist must examine
the teeth as well as prostheses which provide factual information regarding
the cause of death for instance bite marks, mouth alignments, and the reason
for the mass disaster, this particular analysis is been carry forwards among
the disasters or homicide. Whenever the body is in the unrecognized state the
comparative identification is examined with the teeth growth and autonomy
with restorative dental correction like filling.
b) Drugs, Narcotic, and Study of Toxicology – chemicals and drugs which are
legally recognized have the power of abuse potential for taken up to the
consideration towards the controlled substances, which ultimately includes
illegal drugs or narcotics like cocaine, heroin, and prescribed medication for
treatment like oxycodone. The detecting or identifying the controlled drugs
play a crucial role in the helping law which has been enforced by the authorities
upholding the combat opioid addiction and crime like drug-based violence or
abuse. Biological samples that process the order towards test within the
existence of toxins or medication, division of the usage is bifurcated among
accidents, poisoning, sexual assault, and many more. Determination of the
amount or quantity of the substance absorbed with the help of therapeutic
dose is within the limit (normal) or has exceeded the acceptable standard.
c) Testing of Anthropology – this particular section of science deals with the
specified examination over the damaged human remains, the body which is
not been identified, and skeletons for assessing the age group, height, gender
or sex, and ethnicity towards an individual. It has been considering as huge
assistance for recognizing and evaluating the injuries which can make sure
the determination of the time or duration elapsed since the situation of death.
It is the study of human and human behaviour which is further divided into
three streams – 1. Osteology (Bones in an individual or skeletons as a whole),
Archaeology (control over the assemblage or digging for the human remnants
as other evidence from actual crime scene), and Taphonomy (deviation
occurred towards the human remaining at the time of the commission of a
crime and after the death, which subsequently comprises the trauma,
environmental alteration for removal of evidence, and putrefaction).
d) Impression, Pattern Evidence, and segments – within the crime scene many
movements took place for either tampering with the evidence of removal of
the sample. Here, the evidence for the impression has been considered as the
collective data produce when two objects come in the contact with a sufficient
amount of force and as a result, it produces an impression. The information
includes a two-dimensional impression or model such as the fingerprints, or
sometimes a three-dimensional segment of impression such as a bullet mark
in the area where crime is committed. Examination and analysis regarding the
pattern of proof require the findings to be evaluated with additional collected
details within the given perception. Whenever there is the use of the
conjunction, segments of impression, and the pattern of evidence then it can
establish a unique link between the suspect in the crime scene.
e) Sample sent to Pathology and Medicolegal of Death Investigation – the deep

examination and analysis of the corpse for determining the cause of death and
the commission of the crime. Forensic medicine has a crucial requirement
for gathering and identification of the medical collection of the sample for the
deduction of the fact which should be admissible in the eye of law. Recognition
of the wound pattern can be aided for the identification of the weapons used
at the commission of a crime to inflict the wound. Furthermore, the forensic
pathologists may investigate the weapons or any other projectiles during death
involving that exit or entry of wounds. For the main criterion purpose, a
forensic pathologist or the agencies that have been appointed for the
investigation may draw a critical inference towards the conditions that –
whether the death was natural, a criminal act was performed for ensuring the
death, or accidental.
f) Traces Found in Crime Scene as Evidence – for instance, if the traces which
were found as evidence include the substances such as fibres, hair, dirt,
bullet residue, wood, pollen, and powdery form of elements. It derives the
name from their own set of ability to be easily under the situation of transferable
within the course of crime among the object, between the people, and change
in climatic. Traces evidence also signifies a pivotal role in the linking of the
perpetrator towards the victims, likewise if there is a sample of soil taken
from the victim’s shoe and from the crime scene, which can provide us with
the vital variety of clue as per the location of the commission of a crime and
thus for helping towards the identification of the accused or culprit.
g) Media, Cyber, and legal hacking of Social Networking – the crucial study of
electronic data, virtual information, and physical storage devices which can
be used for storing the execution or implemented a plan in the form of pen
drives, CD’s, retrieve, evaluation over the electronic devices, and present
facts over the opinions within the digital content. Most of the cases used
towards the prosecution related to cybercrimes, media, or social networking
offenses as well as civil events which are been investigated for the solving of
the case. Cyber forensic has been able to use the devices and instruments in
the criminal law since the mid of 1980s with some of the famous notable
cases, for examples murder case of Sharon Lopatka, the conviction was held
upon Dennis Rader, Dr. Conrad Murray – the personal physician of Michael
Jackson and Joseph E. Duncan – III.
h) Ballistic Approach – the field of technical forensic which deals with the defined
motion, actions, particulate movements, angular motion, a projectile impact
which can be elaborated as the elements present in the crime scene bullets,
rockets, missiles, bombs, etc. The examination of the bullet which was found
in the crime scene, for instance, it could be shown in such a type of gun that
has been used for firing it, and whether that particular weapon has been
involved in the present crime or the other crime in the past or present. In the
fact of the data, the ballistic also specifies the recorded within the vast database
that the law provision or statutes for the enforcement agencies which is
around the globe or worldwide that can be accessible.9
Restrictive and Absolute Application of Forensics: Implemented

within Indian Adjudication
According to the empirical research which was conducted in the form of a survey by
Supreme court and High court of Delhi that disclosed that only 65-70 cases are solved
or approach to the doorstep of the court with the involvement of the forensic, DNA
evidence which has been usedin 7% of murder or suicide cases and 5% of rape
cases.10 These particular statistics are enough for showing that - there is a lack of
scientific evidence within the criminal scrutiny in the Indian scenario, it has been
considered that it has been under cosmic over endeavour for incorporating within the
forensic science in the process of a criminal investigation over the judicial process.
The rate of conviction related to the persistent with decrease lately because of the
condition related to lack of evidence. Within this milieu, the forensic evidence which
explains the circumstances in such a manner that have a minimal clinching over the
nature to some specified extent reverse the situation. 11 The judiciary system i.e.
courtrooms which is unwillingly not able to use the forensic evidence to such an
extent for criminal investigation has its own set of multiple reasons, the improper
collection of preservation, conservation, and non-collection of the data can cause a
huge level of inappropriateness. In several cases, the court found as well as consider
that the evidence which was collected from the site was not under the proper level of
preservation because of which the defined reports which should be presented in front
of the judges were impolitic. The focused DNA samples which get deteriorate or
contaminated due to irresponsibility and become inefficient within traits, for perpetual
there has been required amount of delay by sending the evidence to the specified lab.
Lack of inspection towards the biological as well as serological evidence can cause
decomposition over the finding which tends to the release of a high quantity of alcohol.
Therefore, for instances, the cases - determining the level of drunkenness in the body,
the negative sense of ruling resulting from a positive can assist in making a difficult
reliance of the court on the result.12 The main intention and motive for the examination
or analysis of the forensic field were determined under the reason for upholding the
concept of death which may be strenuous at the crime scene. However, it has been
considered as an imperative study for handling the collective finding and organizing
the legal document for making the condition valid in the eye of law and before the
ambit of court. The collective sample of forensic evidence has an immense level of
potential in the various affairs or scenario, the only step which is needed is it in the
incorporated for the investigation or elaboration by the efficient or effective level of
the process.13
The technicality of Forensic Science acts as a helping hand for

Criminal Investigation
Dealing with the exploration towards the scientific procedural work which can be
consisting of physical clues that will be collected from the crime scene and virtual
platform evidence which can only be visible by the use of the forensic team. The
studies of law as well as science held crucially for the criminal justice system that
assists to give a brief elaboration about the suspect’s over the distinctive nature of the
statute which is committed within the ambit of crime. 14 The evidence which was
collected from the area point out the essence over the commission of crime,
circumstantial sample of proof which can even refer towards the time of occurrence,
and indicating the forensic procedure even within the offender as well as appellant
sides. Whenever it comes to the level of investigation and degree of the procedure no
matter about the trait or level of the severity of the case within which it is nothing to
prove for more beneficial of the criminal investigation than the usage, implementation,
and application of the specified principle of the forensic science. The result after
chemical reactions and in-depth investigation the forensic is the only field which can
make out the difference between the acquittal and the conviction of the crime scene in
front of the court of law. A criminal investigation has been considered as a pragmatic
stream of science that consist of the study of factual information, used to categorize
or bifurcate, uncovering by demonstrating the culpability over the accused in the
crime.15
The comprehensive scrutiny which can be included in the act of probing,
consultations, cross-examinations, counter argument, collecting the evidence,
preservation over the various aspect, and different approaches for the investigation.
Forensics help to interrogate the suspect, victims in the case, and even found the
actual witness for getting the truth out, neurological tests such as – hypnosis,
psychological detection of the deception i.e. is also known as a lie detector, Narco-
analysis or examination and last the mind mapping which has been revolutionised for
the police authority investigation by saving their time, initiative, energy, money, sources,
resources, and efforts which can provide with humane support and legal initiatives.16
There are many scientific approaches for interrogation which has made acted over
the eliminating the notorious over the third-degree methods of investigation which is
often referred to as prove disastrous. With the advent and modification of science as
well as technological development in every minute aspect of human life which has
been changed and the adjudicature have no exception to the general rule. The scientific
investigation of the case helps the statutory authorities in developing the linking passages
between the past, present, and upcoming future consequences of the crime therefore
can tell the progression over the actual crime scene which is termed as Corpus Delecti
or the actual body of the offense.
Conclusion with suggestions

Under the supervision of NHRC, there should be increase in number of labs which
ultimately includes forensic as well as pathology labs. It is important to raise an adequate
amount of qualified manpower for handling the forensic report and various facilities.
Development in manufacturing of medicines that there should be minimum need for
exporting the medical facilities.Sufficient, efficient, and effective form of infrastructural
funds for forensic science laboratories, bring uniformity over the conduct of
examination, and upgrade the syllabus for professionalism. Improvement on setting
up mortuary, hospitality, better environmental facilities and proper set of equipment
for making detailed report with actual factual information. The application of the
science in criminal based investigation there should be arisen in rapid/drastic social
changes, enforce a quick mean or mode of transportation, and increase in tremendous
technical knowledge.There should promotion and rigidity over the justice, and law
should be more in implementation part rather than executing to the authorities.
The eminent aspect regarding the collection of evidence and preservation-related
to protecting the rights towards the crime scene for keeping in pertinent level of
evidence over an uncontaminated until and unless it will be recorded, preserved or
collected. “Whenever an individual step, whatever that person touches, leaves in and
around the surrounding, even the unconsciously or consciously, that will serve as
silent evidence against the accused. Not only the traces of the substance, fingerprints,
footprints of the shoes, the hair, all type of fibres from the cloth, glasses he drank or
breaks due to mischief, the tools, marks or instruments the person leaves unintentionally,
scratching of the paints, the blood, any type of liquid which was spread in the floor, or
the semen which was deposited or collected from the crime scene – all of these
substances, elements, and more of bear mute the witness against the person”.
Advancement in technology and rapid development in science has made the nation the
hallmark of democracy, but after all the growth and scientific methodology, there has
been less amount of dependence especially towards the democratic or mixed form of
economy. Law and medical science are the two-stream that can even many the system
legitimate, faithful, accountable, and efficient enough for the people to rely upon but
this particular auricular level of the system should assure that every individual in this
justiciable system uses or consume the advantages in a maximum degree of potential
though should not misuse.
(Endnotes)
1. Srikrishna, Forensic Science, Legal Service India, available at: http:/
www.legalservicesindia.com/article/601/Forensic-Science.html (16th Dec., 2020,
08:10 A.M.)
2. Sahil Tandon, Collection of Forensic Evidence: Tools and Techniques, Academike,
available at: https://www.lawctopus.com/academike/collection-of-forensic-
evidence-tools-techniques/ (16 th Dec., 2020, 09:25 A.M.) https://
www.peertechz.com/articles/FST-4-111.php (16th Dec., 10:40 A.M.
3. Sinisa Franjic, Legal aspects of Forensic, Peer Techz, available at:

https:www.peertechz.com/articles/FST-4-111.php (16th Dec., 10:40 A.M.)
4. Ate Kloosterman, The interface between forensic science and technology: how
technology could cause a paradigm shift in the role of forensic institutes in the
criminal justice system, NCBI, available at: https://www.ncbi.nlm.nih.gov/pmc/
articles/PMC4581008/ (16th Dec., 2020, 11:10 A.M.)
5. Diganth Raj Sehgal, Forensic Science in Criminal Justice System, I Pleaders,
available at: https://blog.ipleaders.in/forensic-science-criminal-justice-system/
(16thDec., 2020, 20:15 P.M.)
6. C.H Jayewardene, Forensic Science and the Law, NCBI, available at: https://
pubmed.ncbi.nlm.nih.gov/3338689/ (17thDec., 2020, 11:40 A.M.)
7. Meghan Dutton McCay, CSI Effect and Forensic Science/Criminal Justice Degree,
The Aquila Digital Community, available at:https://core.ac.uk/download/pdf/
301299005.pdf(17thDec., 18:25 P.M.)
8. Anuradha Garg, Role of Forensic Science in Criminal Justice System in India,
CLAW Legal, available at:https://www.clawlegal.org/editorial/role-of-forensic-
science-in-the-criminal-justice-systemin-india/(18th Dec., 2020, 11:05 A.M.)
9. Gowsia Farooq Khan and SheebaAhad, “Role of Forensic Science in Criminal
investigation: Admissibility in Indian Legal System and Future perspective,
International Journal ofAdvance Research in Science and Engineering, Vol. 7(4),
pp. 220 – 232 (2018).
10. Sinisa Franjic, Legal aspects of Forensic, Peer Techz, available at:
https:www.peertechz.com/articles/FST-4-111.php (18thDec., 20:40 P.M.)
11. Supra note 4.
12. Supra note 5.
13. Supra note 9.
14. Supra note 8.
15. Wafi Aziz Safwi, Forensic Sciences & Criminology, Legal Service India, available
at: http://www.legalservicesindia.com/article/536/Forensic-Sciences-&-
Criminology.html(20thDec., 2020, 22:30 P.M.)
16. Meghan Dutton McCay, CSI Effect and Forensic Science/Criminal Justice Degree,
The Aquila Digital Community, available at: https://core.ac.uk/download/pdf/
301299005.pdf (21thDec., 13:25 P.M.)
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Aarogya Setu App for Aatma-nirbhar Bharat & Its Conflict with the Individuals’ 93
10
Aarogya Setu App for Aatma-nirbhar
Bharat & Its Conflict with the Individuals’
Rights to Privacy: A Jurisprudential
Perspective
Mehak Rai Sethi Samarth Rai Sethi
PhD Scholar Advocate,
USLLS, Delhi High Court
GGSIP University Delhi
Abstract
With the outbreak of COVID-19 virus, which soon proved to be one of the most
dreadful pandemics witnessed by man, the progress of many countries across the world
came to a standstill, shaking the foundations of global peace which held us together.
The impact this pandemic has cast over our lives is so brutal that many people lost
their families, jobs, homes, lives and various other things which gave meaning to
their lives. The coronavirus was a ‘novel’ virus due to which it took more than a year
to tap the cure for it, the cost of which was the loss of millions of lives across the
globe. The only effective approach that the governments could fathom was to limit its
spread as much as possible. For this, one means adopted by the Government of India
was the introduction of AarogyaSetu App to track and restrict movements of infected
persons in the country. This app has been in controversy for various reasons, one of
the major reasons being the threat it poses to privacy of the individuals who install it
in their phones. In our move towards Atmanirbharta, such measures seemed inevitable,
but to what extent can the government measures go to promote this idea and protect
the nation against the novel coronavirus is an issue which needs answers to. This
paper is thus an attempt to analyse these challenges from a Jurisprudential Perspective.
Keywords: Privacy, COVID-19, AarogyaSetu, Coronavirus, Utilitarianism,
Libertarianism.
Introduction
India is a country with a dense and diverse population. The people here engage themselves
in different sectors of the economy and contribute towards the progress of the nation.
Our Constitution upholds the ideals of Democracy, Unity, Freedom, Liberty, Fraternity,
amongst the numerous principles revered by us. In 2017, the Supreme Court of India
recognized an important element of the Right to life, i.e., the Right to Privacy. In its
ruling1, the Court gave an express recognition to the ‘Right to Privacy’ as a fundamental
right under A. 21 of the Constitution. With this development, the faith in the legal
system was restored for the people of India, who had earlier witnessed a long and
unending debate regarding the importance of the need for providing recognition to this
right. A plethora of cases in India paint the picture of the differing stands with respect
to recognition of this right under the Constitution; the same shall be discussed in detail
in the following sections of this paper. With the advent of Covid-19, the foundations
of such ideals and principles were shaken all across the globe, including India. The
pandemic struck the world with such impact that the measures to deal with it had to
be immediate and stringent; the need of the hour called for devising of such rules and
measures as would cater to the needs of public at large and ensure public health and
safety.
Our Prime Minister insisted us to step into the shoes of our freedom fighters, by
adopting the Gandhian approach of making our Bharat self-sufficient; he declared it to
be the approach of ‘Aatma-Nirbharta’ or ‘Self-Reliance’. The belief that pushed us
towards this approach was precisely that ‘we have done it in the past, so we shall do
it again’. This paper is an attempt to analyze one such move taken up by the government
of India, i.e., the introduction of the AarogyaSetu App to track the movement of
infected individuals in the country and prevent the spread of this deadly infection. But
there is a controversy which surrounded the introduction of this App, which is that
the same is being seen as a threat to the individuals’ right to privacy. Therefore, the
researcher seeks to critically check its justiciability in light of the arguments posed
against it and the move towards an AatmaNirbhar Bharat. Coronavirus is one of the
most dreadful pandemics that the world has witnessed till date. Such occurrences of
pandemics have been witnessed in the past as well, with the Spanish flu (1918 Influenza)
and the Black Death (a.k.a. The Plague). “A pandemic is an epidemic occurring on a
scale that crosses international boundaries, usually affecting people on a worldwide
scale”2. It is important for a disease to be ‘infectious’ or ‘contagious’, in order for it
to be called a pandemic.
The coronavirus pandemic caused most of its severe or fatal results in very young
and very old people and individuals with chronic health conditions and caused many
more cases of viral pneumonia than are normally seen with seasonal influenza. For
both seasonal and pandemic influenza, the total number of people who get severely ill
can vary. However, the impact or severity tends to be higher in pandemics in part
because of the much larger number of people in the population who lack pre-existing
immunity to the new virus. When a large portion of the population is infected, even if
the proportion of those infected who go on to develop severe disease is quite small,
the total number of severe cases can be quite large3. But, still the impact of this
pandemic are not so miniscule that they can be overlooked. The difference between a
pandemic and an epidemic is: A pandemic is a type of epidemic thatrelates to geographic
spread and describes a disease that affects an entire country or the whole world4. To
deal with a pandemic situation, the only way is to work with solidarity, as if the
pandemic is a global problem, it can only be dealt with a global-solidarity.
Measures adopted by the countries
Many countries across the world have faced the disastrous consequences of this
pandemic, and have attempted to deal with the situation in their own unique ways.
The most drastic impact was seen upon China, Italy, and now even India. The
coronavirus COVID-19 pandemic is the defining global health crisis of our time and
the greatest challenge we have faced since World War- II. Since its emergence in
Asia, towards the end of last year, i.e. 2019, the virus has spread to every continent,
except Antarctica. Cases are rising daily in Africa, the America, and Europe5. Several
measures adopted by the countries include- Lockdowns, Social Distancing, Use of
Sanitizers, Face-masks, Constant directions to wash hands (with the 20-second
technique of WHO), infrared thermometers, closing down of public places, etc. The
most effective measures have been the ‘imposition of nationwide lockdown’ and ‘social
distancing’. India was one of these countries which took up this approach by imposing
the lockdown on March 24, 2020 and taking all effective measures to fight this deadly
virus. But, all these measures have not been able to do away with the virus in its
entirety.
India’s lockdown has been one of the harshest of all lockdowns imposed till now.
Apart from a numbered few services, all the activities in the nature of commercial,
religious, cultural activities were ordered to be shut down; Residents were ordered to
stay home; India also shut down most of its transport services due to which nothing
from city buses to domestic flights, ran.India used strict force to enforce these rules.
Various instances were reported where the police personnel was seen to have assaulted
individuals and, in some cases, even opened fire over people who were found breaking
the lockdown rules, even though many of these people were merely out buying
groceries, or were migrant workers6.
The Impact of Covid-19 in India

Due to the lockdown, the people tried to work from home, but various sectors which
cannot operate within this ‘work-from-home’ framework like the Airways, Railways,
etc. have been severely affected, and it has even proven to have a major impact upon
the economy of the nation. People like the daily wage workers, who did not have a
regular and long-term source of income, as they cannot work-from-homes, also
suffered badly; facing the problems like starvation, health issues, lack of basic amenities
for life and problems in maintaining general well-being of themselves and their families.
After taking into consideration, all the measures and their lack of effectiveness, the
government finally decided that if we cannot fight the virus, we can at least make an
attempt to mitigate its disastrous results. For this, the people were directed to download
an app on their mobile phones called “The Arogya Setu” app, in order to keep a check
on themselves and their surroundings.
Aarogya Setu App and the Privacy Concerns Thereto

The app claims to serve as a very effective tool in detecting/tracing the presence of
any person affected by the virus or its symptoms, in a radius of 500m, 1km, 2km,
5km and so on. This provides information as to how close an infected person is from
your area, so that adequate measures can be adopted for the well-being of the user of
the app. This set-up is a very creative and efficient one, in the fight against coronavirus.
But there seems to be an unending debate on the topic of privacy concerns relating to
AarogyaSetu app (discussed further). Apparently, this app obliges a person to share
his details by requiring them to turn on their Bluetooth, GPS and other location-related
services. It also requires them to update their health status on the app from time-to-
time. Other details it requires to be filled are: Mobile number, name, age, gender,
profession, countries visited in the last 30 days. These details are what people believe
should be their discretion to disclose, but since the app does not become operational
without providing these details to it, it works like an obligation upon the users. The
argument against the app is that the users being concerned about their health of
themselves and their families, find themselves helpless, and in that state, feel bound to
provide these private details. This has been a major bone of contention for most
people who do not favour the introduction of this app. After downloading the app, the
person is required to put in the details as stated above, and then it gives an option to
the user to take up a self-assessment test. This is an optional test. All of this information
is encrypted and stored on the server of the app. When the phone on which the
application has been installed, is turned on, it becomes traceable for the other mobile
phones which are within its range; this happens because of the Bluetooth and GPS
services being turned on. Similar is the case with your phone, i.e. even you will be
able to see the location of other devices which are within your range. The details of
another person which you may be able to see through this app include the time,
distance and location of your interaction with that potentially infected person.
When a person registers his mobile number in the app, the server of the app assigns an
anonymous/random unique identity number, which is linked to their mobile number.
This linked pair of information, along with the other information provided by that
person while registering in the app is securely stored in the encrypted server of the
app. It is only through this unique identity number (DiD) that the devices are traced
using Bluetooth and GPS device tracing technology. DiD is also the only thing which
enables the users to be alerted with any risks in their surroundings. The app notifies
the users of any potential risks which they may face, either due to them coming in
contact with an infected person directly, or due to the reason of them crossing paths
with an infected person or being present in their vicinity. The app endeavours to
protect its users’ privacy in four ways:
a. The information which the user provides at the time of registering for the app,
stays anonymized by providing him/her with a specific DID, i.e. device identification
number.
b. The default feature of the app is that all the information relating to ‘contact tracing’
& ‘location’ of the user remains stored locally in the mobile phone of the user
only. It is only when that user tests positive for COVID-19, his information gets
uploaded on the server of the app, in order to warn the other users who come in
contact with him/her.
c. When the un-uploaded information about the user is collected and stored in his
mobile phone, and the user never tests positive for the virus, then that information
is automatically deleted from his phone after the expiration of a period of 45 days
from the date of it getting stored.
d. In case the person is found to be infected, then this information would be deleted
after a period of 60 days, after that person has been declared as ‘cured’ from
COVID-19.
e. The policy of the app is such that, even though the private information of the user
gets stored in the app, the same would be used only for the limited purposes of
the app and not for any purpose other than that, i.e. only for assisting you and
generating insights to help the Government of India battle COVID-19.
The app thus, implicitly declares that “such featuresimplement anonymization, data
minimization, purpose and use limitation and data retention principles in accordance
with widely accepted privacy principles and represent a reasonable restriction on the
personal privacy of AarogyaSetu users”.7"The data stored in the mobile phone is
protected by the AES standard, i.e. via “Advanced Encryption Standard”. This
encryption is done using the key chains in the operating system, which differ in
application for devices which are Android and the other devices which operate on iOS
technology. For the Android the encryption is done through ‘Keystore’ and for iOS, it
is done using Keychain’. The data-transmission which is done from device to server
is completely anonymized. Further it is made RSA (Rivest-Shamir-Adleman) protected,
and therefore is enabled to be transmitted securely.
Many individuals have raised concerns that countries like Singapore which have
also employed measures like the AarogyaSetu app in the form of ‘TraceTogether
app’, do not ask for GPS information for contact tracing. they are of the view that if
the other countries do not ask for this information, then why is the Indian app asking
for it8. Contact tracing can be done even without providing GPS information. To this
the response of the Government of India has been that in India the population is vast
and extremely dense, so it becomes all the more important for India to not only identify
the infected persons in the country, but also to trace their movements and the paths
they cross, in order to sanitize the areas where the no. of cases of coronavirus are
increasing at a rapid rate9. The app also asks for GPS information because it enables it
to correlate the Self-Assessment tests taken up by the individuals with the area they
report from. This facilitates the process for the government to declare certain areas as
hotspots, in order to prevent any further spread of the disease from that area/zone.
The App, in no case reveals these details to others, even if that person tests positive
for the virus. The authorities entitled in that behalf, may approach or contact the
individuals an infected person may have come in contact with, to warn them of the
situation they might have now entered into, i.e. the risk of being infected, but they
won’t tell them the name of that person who might have infected them. This measure
is mainly taken by the government just to implement the medical and administrative
interventions required.
Constitutional Guarantee: “Life and Personal Liberty”

The Indian Constitution is the one of the lengthiest Constitutions of the world, because
it comprises of the most felicitous blend of all shades and tones of rights, duties,
liberties, guarantees, etc. Our Constitution has borrowed the best and the most workable
features from the Constitutions around the world. But, this ‘borrowing’ was not done
blindly, as the drafters looked at the histories of the countries they borrowed the
Constitutional features from; noted the ones which best matched the ideals and
conditions prevailing in our country; understood the needs and requirements for our
country, and chose those features which were found to be most suitable in our march
towards a well-developed and progressive country. There is an entire Part in the
Constitution dedicated to ‘Fundamental Rights’ of citizens and non-citizens, both. In
this Part, (Part III) there are several rights provided, and drafted beautifully.The clear,
yet dynamic nature of these provisions, marks the most important aspect of a democratic
country, i.e. sensitivity to the needs of its people. The focus of this part of the paper
would now remain mainly upon Article 21, due to the reasons amply clear below:
The Dynamic Nature of Article 21
The most dynamic of all the Articles in the Indian Constitution is the Article 21, which
even though, merely provides for one Statement, i.e. “No person shall be deprived of
his life or personal liberty except by the procedure established by law”, but it has a lot
more to it than merely these lines. Fundamental Rights are not absolute in nature as
several limitations can be put to them. But at the same time, it would be wrong to
suggest that the rights are confined to the words set out in the concerned provisions
only. The words ‘life’ and ‘personal liberty’ have a much deeper meaning, as have
been interpreted by the Courts in various cases as discussed below:
In the case of A.K. Gopalan vs. State of Kerala,10 the court gave a very narrow
interpretation to the words ‘personal liberty’ by reading it in connection with the
words ‘procedure established by law’, where Justice Kania remarked that:”The word
‘due’ in the expression ‘due process of law’ in the American Constitution is interpreted
to mean ‘just’, according to the opinion of the Supreme Court of U.S.A. That word
imparts jurisdiction to the Courts to pronounce what is ‘due’ from otherwise, according
to law. The deliberate omission of the word ‘due’ from article 21 lends strength to the
contention that the justifiable aspect of ‘law’, i.e., to consider whether it is reasonable
or not by the Court, does not form part of the Indian Constitution. The omission of the
word ‘due’, the limitation imposed by the word ‘procedure’ and the insertion of the
word ‘established’ thus brings out more clearly the idea of legislative prescription in
the expression used in article 21. By adopting the phrase ‘procedure established by
law’ the Constitution gave the legislature the final word to determine the law.”
Then with the case of Maneka Gandhi vs. Union of India,11 the judiciary in a way
restored the faith of the citizens in the judicial system of the country by widening the
meaning and scope of Article 21, by reading the essence ‘due process’ into the
terminology ‘procedure established by law’. Several rights have been read into Article
21by the Courts over the years, thereby widening its ambit with almost every passing
day. Some of the rights which have been recognized by the Courts as forming part of
Article 21 from time-to-time include Right to Reputation12, Right to Socialize13, Right
to legal aid14, Right to Speedy Trial15, Right to know, recognized as a necessary part of
participatory democracy16, Right to fair trial.17, Right to claim Compensation, for
violation of rights under Article 2118, etc.
PRIVACY: Scope and Importance

Privacy is the essence of human life and dignity. The freedom to decide whether to
share the intimate details of your life with the world or not is what humans live for. It
is important for an individual to have the power to decide what he/she wants to keep
to himself/herself, and what he/she wants to share with the world. Following are a
few reasons why ‘privacy’ matters:
- Privacy is important to respect an individual’s choice to take his own decisions.
- It is important to set a restriction or limit upon the government to ensure that
it stays away from the private affairs of individuals.
- It helps in maintaining one’s reputation, for instance if the revelation of the
private information would amount to loss of reputation or loss of job, etc.
- It helps in the maintenance of social boundaries.
Right to Privacy in India

Article 21 of the Indian Constitution states “No person shall be deprived of his life or
personal liberty except by the procedure established by law” From a long time it has
come up as an issue before various courts, where a person’s right to privacy has been
argued to constitute a part of this fundamental right of Right to Life. The controversy
started from the case of Kharak Singh vs. State of U.P.19, where the Supreme Court
recognized that the right to privacy is a part of right to life covered under Article 21 of
the Constitution, though, only the minority opinion was inclined towards this stand.
Ayyangar J., speaking for the majority stated that “the right to privacy is not a
guaranteed right under our Constitution and therefore, the attempt to ascertain the
movement of an individual which is merely a manner in which privacy is invaded is
not an infringement of a fundamental right guaranteed by Part III”. Subba Rao J.,
speaking for the minority held that “right to privacy is an essential ingredient of
personal liberty and that’s right is that of an individual to be free from restrictions or
encroachments on his person, directly or indirectly brought about by calculated
measures”.
In State of Maharashtra vs. Madhukar Narayan Mardikar20, the Supreme Court,

without making any reference to article 21 of the Constitution, stated that even a
woman of easy virtue is entitled to privacy and no one can invade her privacy as and
when one likes. In R. Rajagopal vs. State of Tamil Nadu21, the Court held that” the
right to privacy is the right to be left alone and in a citizen has the right to safeguard
the privacy of his own, his family, marriage, procreation, motherhood, childbearing
and education among other matters”. The position taken Maneka Gandhi vs. Union
of India22, loosened the ambit of right to privacyand imposed a restriction to it. It was
stated in this case that the right to privacy can be restricted, provided that the law so
restricting the same is fair, reasonable and just.In the case of Govind vs. State of
M.P23 also, it was stated that this right can be restricted if there is a superior
countervailing interest present, for the furtherance of which, it is pertinent to impose
such restriction.In R. Rajagopal vs. State of Tamil Nadu24, recognized that the right
to privacy can be both a tort (actionable claim) as well as a fundamental right. A
citizen has a right to safeguard the privacy of his or her own family, marriage,
procreation, motherhood, child-bearing and education among other matters and nobody
can publish anything regarding the same unless he or she consents or voluntarily
thrusts himself into controversy,
(ii) the publication is made using material which is in public records (except for
cases of rape, kidnapping and abduction), or
(iii) he or she is a public servant and the matter relates to his/her discharge of
official duties.”
In People’s Union of Civil Liberties vs. UOI25 , it was held that telephonic
Conversation is also covered under the right to privacy. Therefore, telephonic
conversation, if recorded using the technology of telephone tapping, amounts to violation
of this right, unless the same is permitted under procedure established by law. In
Selvi& Ors. vs. State of Karnataka,26 it was held that the involuntary subjection of a
person to tests like narcoanalysis, polygraph examination, BEAP, etc. also amounts to
or leads to violation of that person’s right to privacy.
In Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors.27, the
Supreme Court finally declared that the ‘right to privacy’ is a fundamental right
guaranteed by virtue of Article 21 of the Indian Constitution. Issue in the case was
“whether the right to privacy was guaranteed as an independent fundamental right
under the Constitution of India”. The case dealt with the challenge to the government’s
decision to make Aadhaar mandatory. This challenge was brought in the form of a
Public interest litigation (PIL) by a 91-year old, Retired Justice of Karnataka High
Court, Justice K.S. Puttaswamy. He challenged the government’s stand of making the
linking the Aadhar to the schemes, services and benefits of the State. It was pleaded
that this decision of the government has the effect of violating the privacy of the
individual whose UID is linked for the purpose of taking up the benefits. This decision
came out to be a landmark decision in the history of judicial precedents upholding
fundamental rights and widening their ambit beyond mere letters of the legislation.
The 9-judge bench of the Court gave a lengthy judgment spanning over 547-pages,
unanimously recognizing the right to privacy as a fundamental right, covered under
the wide arms of Article 21 of Constitution.
Jurisprudential Perspectives
There are various schools of jurisprudence which follow and advocate their own
different lines of thoughts, capable of resolving and answering all situations prevailing
in the society, like the validity or justification of death penalty as a form of punishment;
killing people in case of extreme necessity; extermination of a specific class of persons
from a country on the basis of religion, etc. The justification of introducing an app like
AarogyaSetu, which is allegedly invasive of the privacy of its users, is another issue
which can be viewed from the perspective of different jurisprudential schools of
thought. The author would focus mainly on two schools of thought, namely- the
Utilitarian (Positivists) and the Libertarians.
Utilitarianism
Utilitarians like Bentham, believed that the object or end of the law is to promote the
greatest happiness for the greatest number. For him, ‘utility’ is “the property or the
tendency of a thing to prevent pain, (i.e. the evil), and procure the greater good, i.e.
pleasure.
For them, actions are ‘right’ in proportion of the pleasure they promote, while the
actions which promote pain are obviously ‘wrong’. Positivists were of the view that
the focus of all should be upon ‘law as it is’ and not on ‘what it ought to be’. They
didn’t give much importance to ‘morality’ as the guiding principle to put the actions of
individuals in different chambers of ‘right’ and ‘wrong’. But Utilitarianism, which
came in as an extended branch of positivism, regarded the extent of pleasure or pain
the action entails, as the calculative means to determine whether the action is ‘right’ or
‘wrong’. This is how the Utilitarians in a way recognized and gave place to ‘Morality’
in their theory as they believed Morality is governed by Utility.
AarogyaSetu App: From the lens of Utilitarians

In the prevailing situation, the introduction of the AarogyaSetu app to curb or mitigate
the impact of the heavily contagious coronavirus, and to stop it from further spreading
its roots into the Indian soil is a very practical and effective move employed by the
government. In a heavily populated country like India, where the results of the spread
of a widespread pandemic like Covid-19 would give disastrous results, it seems that
the need to bring the spread of this virus under control was considered extremely
urgent by the government. From this perspective, and keeping in view the greater
good/public interest, the government felt the need to introduce an app like the
AarogyaSetu app. It is extremely desirable that the nation coordinates and cooperates
with the efforts of the government in order to fight against this virus. To view this
situation from the perspective of J. S. Mill, an eminent jurist, it again becomes apparent
that the app is completely in line with what the Utilitarians advocated. Reason for the
same being that- Mill advocated the theory based on the ‘Harm Principle’, according
to which “the actions of individuals should only be limited to prevent harm to other
individuals”. Mill articulated this principle in his work – ‘On Liberty’, where he argued
that “The only purpose for which power can be rightfully exercised over any member
of a civilized community, against his will, is to prevent harm to others”. His idea of the
‘Harm Principle’ was divided into two principles, i.e. Self-Regarding Principles and
Others-Regarding Principles. According to J.S. Mill, an individual has the right to
exercise his freedom only to the extent that he doesn’t prevent the other individuals
from exercising their rights. The phrase ‘your freedom to swing your fist ends where
my nose begins’ captures the general sentiment of the principle28.” \
Libertarianism
The term ‘libertarianism’ is derived from the Latin term ‘libertas’ which literally means
‘freedom’. ‘Liberty’ is the core principle behind this political philosophy of the
libertarians. The main focus of the libertarians is the furtherance of individual freedom,
especially the freedom of choice. They advocate the dissolution or at least the
suppression of the coercive social institutions, especially when the functioning of the
same has an effect of curbing individuals’ liberty. Libertarianism is basically an ideology
wherein the focus is upon imposing limits upon State power. What they allow for is a
minimalist State. This school is the organization of the anti-State socialists and the
anti-authoritarianists. They seek to abolish capitalism.Some of the most prominent
advocates of Libertarianism were: Robert Nozick, Herbert Spencer, Friedrich Hayek,
Thomas Paine, etc.
AarogyaSetu App: from the lens of Libertarians
The Libertarians believe in a minimalist government, where they give major amount of
importance to individual freedom. Libertarians believe in the idea of the non-aggressive
principle (NAP). According to this principle, the government should abstain from
imposing any coercive law over its people if the same is of such a nature that it could
violate or interfere with the rightful exercise of the natural rights of the people upon
whom it has been imposed. But one thing that the libertarian also believe in is that an
individual can exercise his rights only to the extent that such exercise does not encroach
upon the rights of another individual. This Libertarian disclaimer applies greatly in the
current pandemic situation. If one infected person moves around freely on the streets,
meets other individuals and infects them, who further infect the people they come in
contact with, and so on, then the cycle would never end. The virus would keep on
spreading and would ultimately destroy the country and its people. Plus, the economic
impact it would have on the country is yet to be mentioned. So, if no efforts are
implemented to curb this mass-spreading of the disease, then it would affect the
nation to a great extent. AarogyaSetu, is the saviour which can warn the other individuals
about the danger, if an infected person is anywhere near them. This makes it amply
clear that the app is completely in line with the principles upheld by the Libertarians.
Conclusion
Aatma-nirbharta is a virtue, which once incorporated into the working of our lives can
serve a great deal towards progress of the nation as whole. It is amply clear that the
app is like a necessary evil, which has the potential to mitigate the drastic impact
which the coronavirus has had or has the potential, to cast upon our country. The app
serves the larger public interest which even benefits the person whose liberty is violated,
as he would be intimated about all relevant information about the threats in his
surroundings, and would also enable him to be more informed about the situation
prevailing in his country. The app also serves as an instructional guide for the user as
whenever a person comes in contact with an infected person, or whenever he crosses
paths with an infected person, the app intimates him by reflecting an intimation on his
phone – “Recent contact with an infected person. You are at high risk of infection”.
Following this intimation, the user is asked to take a self-assessment test wherein he is
asked about his status at that moment. Then the app tells the user “What should you
do next”, wherein suggestions like- ‘isolate yourself’, ‘check your body temperature
in a span of every 2 hours’, ‘avoid contact with people’, ‘wear mask while interacting
with others’, etc. are given to such user.
Justification for the introduction of AarogyaSetu App

India has ensured that any measure which is necessary for the furtherance and
promotion of public health and safety shall be given primacy. The fight against a
global pandemic requires a global effort, but the fact which can also not be denied is
that every country is responsible for securing the interests of its people. Therefore,
the approach adopted by India is majorly focused upon self-reliance. An infectious
disease like coronavirus can be curbed by confining it within the bounds of the Indian
territory and uprooting it completely by cutting connections with outside world for
the whatever time it may take. Since, there is a scarcity of medical assistance and
facilities to cater to such a vast population in the country, every person cannot get an
individual treatment by the doctors in hospitals. Hospital facilities are mostly advised
to be availed by the people who are at a higher risk due to the virus, like the old, the
very young, the ones with extremely low immunity, the patients who have diabetes,
etc., i.e. the conditions which expose them to higher risk of being adversely affected
by the virus. In such situations, it is pertinent to have a self-assessment guide like the
AarogyaSetu app, handy in the mobile phones. The introduction of the app is a very
important step during such testing times like these. Even though it has a slight tendency
to invade into the private lives of the users; yet, its benefits outnumber the threats it
poses to the individuals’ right to privacy. The disease is highly contagious, thence, it is
essential that everyone stands united in this fight against the common enemy, i.e. the
novel coronavirus. Moreover, even when we say that right to privacy is a fundamental
right, yet it is not an unknown fact that even fundamental rights are not absolute in
nature; there are several exceptions to the same. General Public Health and Well-being
of the people, being one of the exceptions in the present scenario. The introduction of
an app like the AarogyaSetu, is completely justified and has no grave effect upon the
right to privacy of the individuals. The app provides important information and even
the Prime Minister of India himself advocates the use of this app as an essential step
in India’s war against the coronavirus.
Even from the jurisprudential schools of thought, namely, Utilitarianism and
Libertarianism, the app is completely justified, because it is the function of a good
government to promote the greater good and to prevent harm to other individuals
surrounding that one individual who might think he is exercising his right to move
freely. This is a situation just like the one in case of Mr. X vs. Hospital Z29, wherein the
Supreme Court ruled that an HIV positive person does not have a right to privacy,
because if he conceals the information about his condition, i.e. AIDS, which is an
infectious disease, then that would bring the lives of others in danger. So here, his
individual liberty is limited to protect the interests of the greater population of individuals.
The minimalist intervention of the State into the private sphere of individuals’ lives
was felt to be an extremely important step taken by the State, because an entire
nation’s health and well-being was at stake. So, from every direction, from every lens
of theories holding different perspectives, the AarogyaSetu app is completely in line
with the basic principles and tenets holding our country and the rights enshrined in the
Constitution, together. Privacy can be upheld only to the extent to which it does not
endanger the very existence and solidarity of a country, otherwise it has no use.
Moreover, this app is not demanding much personal information from the users, rather,
even the little information it requires from an individual is duly protected and encrypted
via modes discussed in this paper, in detail. Thence, the app is an extremely efficient
tool in India’s fight against coronavirus and justified from the standpoint of ensuring
for ourselves an ‘Aatma-Nirbhar Bharat”.
(Endnotes)
1. Justice K. S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., (2017)10
SCC 1
2. Dean T. Jamison, Hellen Gelband, et. al. (eds.), Pandemics: Risks, Impacts, and
Mitigation (IBRD, World Bank, Washington, D.C. 2017)
3. World Health Organization, Emergency, Preparedness, Response- What is a
pandemic?, (WHO,2010) available at https://www.who.int/csr/disease/swineflu/
frequently_asked_questions/pandemic/en/(last visited on November 20, 2020).
4. Rochester Regional Health, “Pandemic vs Epidemic: What’s the Difference?”,
(Mar. 27, 2020), available at https://hive.rochesterregional.org/2020/03/pandemic-
vs-epidemic (last visited on Nov. 30, 2020)
5. United Nations, “COVID-19 Pandemic”, (United Nations Development Programme,
2020) available at https://www.undp.org/content/undp/en/home/coronavirus.html
(last visited on November 28, 2020)
6. Shoaib Daniyal, “Not China, not Italy: India’s coronavirus lockdown is the harshest
in theworld” Scroll (Mar. 29, 2020), https://scroll.in/article/957564/not-china-
not-italy-indias-coronavirus-lockdown-is-the-harshest-in-the-world (last visited on
Dec. 4, 2020)
7. Faceless Compliance, “What Information AarogyaSetu collects and stores?”, (May

27, 2020) available at https://facelesscompliance.com/tag/terms-and-conditions-
of-aarogyasetu-app(last visited on December 5, 2020)
8. Roshni Majumdar, “Coronavirus pandemic: AarogyaSetu app can help in contact
tracingbut privacy issues need to be addressed”, India Today, Apr. 16, 2020,
available at https://www.indiatoday.in/technology/features/story/coronavirus-
pandemic-aarogya-setu-app-can-help-in-contact-tracing-but-privacy-issues-need-
to-be-addressed-1667604-2020-04-16 (last visited on Nov. 30, 2020)
9. Ibid.
10. A.K. Gopalan v. State of Kerala, AIR 1950 SC 27
11. Maneka Gandhi v. Union of India, AIR 1978 SC 597
12. State of Bihar v. L.K. Advani, (2003) 8 SCC 361
13. Francis Corallie Mullin v. Union Territory of Delhi,AIR 1981 SC 746
14. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548
15. Hussainara Khatoon v. State of Bihar. AIR 1979 SC 1360
16. Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers Bombay
(P) Ltd.,AIR 1989 SC 190
17. Rattiram v. State of M.P.,AIR 2012 SC 1485
18. Rudul Shah v. State of Bihar, AIR 1983 SC 1086
19. Kharak Singh v. State of U.P.,1964 SCR (1) 332
20. State of Maharashtra v. Madhukar Narayan Mardikar, AIR 1991 SC 207
21. R. Rajagopal v. State of Tamil Nadu, 1994 SCC (6) 632
22. Maneka Gandhi v. Union of India, 1978 SCR (2) 621
23. Govind v. Stateof M.P., 1975 SCR (3) 946
24. Supra. at note 22
25. Peoples Union of Civil Liberties v. Union of India, AIR 1997 SC 568
26. Selvi & Ors. v. State of Karnataka, (2010) 7 SCC 263
27. Justice K. S. Puttaswamy (Retd.) & Anr. v. Union of India &Ors.,(2017) 10
SCC 1
28. Big Thinkers, “Ethics Explainer: The Harm Principle” Ethics Explainer (Oct. 27,
2016) available at https://ethics.org.au/ethics-explainer-the-harm-principle/(last
visited on Dec. 4, 2020)
29. Mr. X v. Hospital Z, (2000) 9 SCC 439
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11
Fundamentality of Fundamental Duties
Dr. Ravinder Kumar Yashdeep Lakra

Associate Professor, Student, 3rd Year BA. LLB.
Abstract
The democratic polity that we live in provides us, the citizens, with certain non-
derogable but non-absolute rights known as fundamental rights. In turn, the citizens
are obligated with certain duties towards themselves and the nation deemed essential
for realizing these rights as duty flows from the citizens to the State and vice-versa. A
democratic polity cannot succeed if its citizens are not active participants of essential
functions such as assuming responsibilities and rendering their duty in turn and hence
these fundamental duties, even though non-binding by themselves, set in motion the
wheels of a truly democratic society as citizens realize the extent of their rights and the
generic nature of these duties which go hand in hand which not only motivate us to
develop a scientific temperament but also enunciates upon the need to inculcate
humanism. Even though these duties find mention under Art.-51A of the Constitution,
they remain inherently intrinsic to our tradition and culture and has only grown strong
in both its scope and enforceability through effective judicial promulgation and hence
help draw a better contrast between both, the individual who is a social being of
thought and the civic society which is governed by the law of the land as it regulates
such social interaction.
Keywords: Citizens, Non-derogable, Fundamental, Rights, Duties, Scope,
Enforceability, Law.
Introduction
The society itself is an amalgamation of intricately knitted social relations which need
to be regulated to bring order. Hence, the law comes into play in order to regulate such
interactions between social beings of thought. Law is often defined as an interplay of
Fundamentality of Fundamental Duties 107
rights and duties. Salmond1 defines it as”A right is an interest recognized and protected
by a rule of right. It is an interest respect for which is duty, and disregard of which is
a wrong.” Subsequently, the most significant task that we are presented with is
harmonizing the relationship between the cases of individual citizens and civic society,
which are governed by the law of the land. Ergo, it becomes the duty of every citizen
to be conscious of the social responsibilities, contributing to shaping society to
transform all of us towards being solicitous of the inherent inalienable rights of our
fellow inhabitants. Being one of the most dynamic and the longest constitutions of the
world envisages a holistic growth towards civic life as an essential element of our
democratic policy. There exist certain non-derogable but non-absolute rights to empower
the citizens, known as Fundamental Rights. At the same time, our Constitution provides
for a balancing act, in the form of certain duties, which are correlated to these rights
as they go hand in hand towards cementing the intrinsic principles of liberty, equality,
fraternity, and justice which are instilled in the very formation of the Constitution
itself, and hence these duties have been described as Fundamental Duties.
We, the People of India, are the ultimate custodians of the Constitution. The
Constitution of our country was adopted in our name, and the sovereignty also vests
in us. The Constitution empowers the citizen, but the citizen too empowers the
Constitution – by following it, by adhering to it, by protecting it, and by preserving to
make it more meaningful with words and deeds. The Constitution is nobody’s preserve
– and it is everybody’s preserve.2 Fundamental duties weren’t a part when the
Constitution was adopted in the year 1949, with only the Fundamental rights included
in Part III of the Constitution.The Constitution’s 42nd Amendment Act, 1976, added
certain Fundamental Duties to be adhered to by the citizens. This historical development
resulted from the recommendations of the Swaran Singh committee, and at last
Fundamental Duties were incorporated in the Constitution of India for the first time.
The Committee suggested that steps needed to be taken to ensure that the individual
did not overlook his duties while exercising his Fundamental Rights.3 The senses of
Fundamental Duties that have been nurtured, instilled, and burgeoned are derivatives
of the followed Indian practices, traditions, and the folklores and beliefs transcended
from religious adages dictums. These duties’ paramountcy was made de rigueur and
exhibited the codification of tasks intrinsic to the Indian lifestyle. Initially, as laid out,
the duties followed a decemvir-statute with the concoction of the 11th fundamental
duty owing to the 86th Constitutional Amendment in the year 2002.
Hence it is thereby implied that whatever may be needful towards the satiation of
the objectives pertaining to these duties must be regarded as coercive and imperative
in nature by every civilian as his or her duty towards the nation4 in order to instill these
ideals in the generations to come. As perceived by reason, the Constitution of India
surmises a framework necessary for the manifestation of the fundamental duties. If
these rights are to be available to people, they are indeed obligated to perform their
corresponding duties. 5 The preponderance of the number of ameliorations and
addendums put out to pasture from the Constitution during the tenure of Emergency
in conformation with the Parliament’s proposition of the 44th amendment is conspicuous;
however, despite an encounter with such catastrophe, the matter of Amendment on

Fundamental duties remained placid. The intention pertaining to the instillment and
adaption of the country’s fundamental duties and citizens cannot be made more
evident.Hon’ble Vice President of India and Chairman of Rajya Sabha, Shri M. Venkaiah
Naidu, emphasized that dispensation of the Fundamental Rights of citizens essentially
and crucially bank upon the corroboration of Fundamental Duties since both the rights
and duties flow from each other.He spoke on the vitality of these duties and the
nation’s reliance upon the citizens’ credence at a function marking the 70th anniversary
of the adoption of the Indian Constitution in the Central Hall of Parliament on 26th
November 2019. “While it is absolutely necessary to defend the Fundamental Rights
relating to life, liberty, equality and freedom of expression, etc., it is time that we, as
citizens, take our duties towards the nation seriously. Entitlements come with duties
and responsibilities as well. Let us perform our duty to make India mighty”, he solicited
the citizens in his citing.6
The Concept of Duty in Indian Society: Dharma as the Sum of

Duties
As discussed earlier, certain practices are deeply rooted within the fabric of our society,
and Dharma, in this sense, enunciates the fortification of kosher societal obligation
along with repletion of spiritual duties personally. The imbuement and inculcation of
these senses in the Brahmanas, the Smriti literature, and the Upanishads can all be
attributed to ‘Dharma.’ The four Vedas, namely — the Rigveda, the Samaveda, the
Yajurveda, and the Atharvaveda, construe the devoirs in conflation with other religious
scriptures and duties of the four stages of life called the four Varnas with the ratification
of the six forms of commands. The tautology of the term ‘Dharma’7 has been recorded
to be fifty-six in the Rig-Veda. Nevertheless, the adoption and usage of the word in the
scripture is in conformation with the perception and conception of accountability
with adherence to the objectives that contribute to the world’s augmentation. This
sense becomes more explicit in the Upanishads. There are certain precepts and edicts
that explicate and dictate our devoirs and establish the compendium for our actions
and obligations as a virtuous segment of individuals in the society. These duties contrive
the framework and working of society harmonically depending upon one’s deference
and performance of the allotted duties. Similarly, in our journey towards perfection,
we have to pass through several spiritual development stages, and each such stage
devolves upon us certain duties or a code of conduct. This helps to sustain our inner
development and simultaneously contributes to the well-being of society. Fundamental
duties are obligatory in nature. But the Constitution provides does not provide any
provision for direct enforcement of these duties. However, their significance can be
derived from a plethora of facts and their acceptance amongst the citizens.
Judicial Dynamism of fundamentality of Fundamental Duties
(1) M.C. Mehta v. Union of India8

In this landmark case, the Hon’ble Supreme Court realized the importance of instilling
the environment’s consciousness in the early stages of life. It directed the government
to introduce the subject related to the environment in the curriculum. The court also
mentioned that the central government should have books on protecting the environment
and distributing them free of cost to educational institutions so that the institutions can
have at least one hour of compulsory lecture each week on the improvement of the
natural environment. It is the duty of government under Art. 51A(g) to protect the
environment, hence the hon’ble court also stated that as it is important for the
government to introduce this textbook in the school curriculum, it is also important
for them to educate them. Hence, the government should take certain initiatives such
as City Clean Week, Keep the Town Clean, or Village Clean Week, held at least once a
year.
(2) AIIMS Student Union v. AIIMS9
This case highlighted the irregularity in the reservation system, with the institute granted
33% institutional reservation apart from the 50% reservation approved by the central
government found to be violative of Article 14 of the Constitution, which enunciates
upon equality before the law. Both coupled together left very few seats for the general
category students, which were not in the category of institutional reservation. Many
students were in disadvantaged positions in this system, as the reservationists already
secured 83% of seats. Hence, it breached the basic fundamental right of equality. The
Supreme Court of India clearly stated that the use of the same prefix in both the
words, i.e., ‘fundamental,’ states that both are equally important. The constitutional
makers had this thing in their minds while drafting the Constitution. Very fundamental
things cannot be denied in circumstances other than provided by the Constitution or
any other law of the land. This led to the Apex Court striking off the reservation other
than the one approved by the government to uplift the backward society. The court
also mentioned that this reservation breached the fundamental duty of developing a
scientific temper as the opportunities were denied to many.Although fundamental duties
are not historically enforceable, this cannot be the reason to simply overlook them as
these duties are a guide for every citizen to transform into a responsible citizen. Plus,
these duties will always help the courts interpret the laws for resolving the disputes;
hence, they carry equal weightage as that of fundamental rights.
(3) Aruna Roy v. Union of India10
Article 28 of the Indian Constitution prohibits imparting religious instructions in
educational institutions. This turned out to be the ground for challenging the National
Curriculum Framework for School Education framework hereinafter referred to as
NCFSE, which promoted teaching about various religions. The court straightaway
denied this challenge. It considered such teaching an integral part for making students
ready for fulfilling the fundamental duty of ‘promoting harmony and the spirit of
common brotherhood transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of woman.’ The same
cannot be expected without educating the students about the basic values of various
religions and their teachings. Thus it cannot be termed as ‘anti-secular’; instead, it is
a step forward in promoting secularism as well as values of love, peace, and non-
violence.
(4) Government of India v. George Philip11
Respondent in the above-mentioned case took a two-year leave to pursue advanced
research training that was well within the department’s rules. But later, the respondent
overstayed in the foreign land, and even after repeated reminders, he did not come
back for a long time to re-join the services. Seeing the lack of discipline, the department
conducted an inquiry, and overstaying charges were proved, leading to permanent
retirement. When the case went to the court, both the lower and high court granted
relief to the respondent with the condition that no back wages will be paid. But the
Supreme Court of India had a completely different view in this case. The apex court
stated that although Art. 51A (j) asks a citizen to strive for excellence in all spheres but
not in place of discipline. Overstaying in foreign countries and not joining the services
even after reminders clearly depicts the lack of discipline against the work culture.
The court struck off the lower court’s decision mentioning that if such decisions by
courts are accepted, it will lead to promoting indiscipline, and granting six months’
time to re-join is a kind of premium for this unacceptable behaviour in any organization
which looks forward in promoting the work culture.
Conclusion
Fundamental rights are fundamental and hence, can be enjoyed by everyone. Everyone
must have the right to exercise the same unless barred by the law of the land. But no
one gets the rights without any obligations or duties; therefore, with these fundamental
rights come to the corollary fundamental duties. In every democratic setup, if a person
expects only to enjoy the rights without any active role in performing the duties, this
must not be imagined. Hence, when rights are granted to the people, they must perform
duties for maintaining peace and harmony, uplifting the spirit of brotherhood in the
nation, and protecting the nation’s sovereignty and integrity. Although fundamentals
duties cannot be imposed or enforced, a person gets to enjoy the rights only if he
performs the duty. Therefore, there are specific duties listed under Art. 51A of the
Indian Constitution, which every citizen of the nation must perform. India has proudly
talked about women’s status in her tradition, but the State at the time of Independence
was a very sorry state. It is the duty of every individual to renounce any derogatory
practices against women. Our country also takes pride in producing the world’s greatest
minds; therefore, we must not settle down for any mediocrity even today. Every
individual must strive for excellence in every field. We must promote brotherhood by
surpassing religious, linguistic, regional, and sectional diversities. In case of any
emergency or war-like situation, we must make ourselves available for the nation’s
service. Our ideals, freedom fighters, national flag run a sense of pride in our blood
every time we see them, so we must always respect them and avoid committing any
act towards derogating them. Hence, these duties instil the values that form the
grundnorm of our society, but they also go even further to give an identity to the
cherished nationalistic ideals of our struggle for freedom and hence enshrine the pillars
on which our nation has been built upon.
For a country to continually move ahead and develop with positive growth, it is
our duty to perform every fundamental duty with utmost dedication and commitment.
To turn into a mature democracy, we must respect our constitutional values and
perform for achieving national objectives with the help of the motivational path laid
down by our prime minister, which states ‘reform, perform and transform’. To take
part in this exciting journey, we must get inspired by the teachings of Lord Krishna
given to Arjuna on the battleground of Kurukshetra. In Bhagavad Gita, Lord Krishna
has explained to Arjuna the importance of duty, stating that we must always ensure to
do our duty well. Its significance can be beautifully summarized in the words of our
father of the nation, Mahatma Gandhi said “The true source of right is a duty. If we all
discharge our duties, rights will not be far to seek. If leaving duties unperformed, we
run after rights, they will escape us like will--o--the -wist, the more we pursue them,
the farther they will fly.”
(Endnotes)
1. John.W. Salmond & P. J. Fitzgerald, On Jurisprudence (Sweet and Maxwell,
London, 12th edn., 1966).
2. About Constitution”, Ministry of Earth Sciences, March 12, 2019, available at
https://moes.gov.in/content/about-constitution (last visited on February 26, 2021).
3. Ibid.
4. Ravi Shankar Prasad, “Need to remember our fundamental duties as we remember
our fundamental rights”, The Indian Express, November 26, 2019, available at
https://indianexpress.com/article/opinion/columns/fundamental-duties-rights-
indian-constitution-6136622/ (last visited on February 26,2021).
5. Prof. Trimbak K. Tope, Fundamental Duties and Justiciability, (1995) 3 SCC
(Jour) 57
6. “Fundamental Rights and Duties go together, asserts Shri Venkaiah Naidu”, Press
Information Bureau, GoI, Vice President’s Secretariat, November 26, 2019, available
at https://pib.gov.in/newsite/PrintRelease.aspx?relid=195002 (last visited on
February 27,2021). Swami Harshananda, Hindu Gods and Goddesses, XVI
(Adhyaksha, Sri Ramakrishna Math, Mylapore, Chennai, 1982).
7. M.C. Mehta (2) v. Union of India, (1983) 1 SCC 471
8. AIIMS Student Union v. AIIMS, AIR 2001 SC 3262
9. Aruna Roy v. Union of India, AIR 2002 SC 3176
10. Government of India v. George Philip, AIR 2007 SC 705
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12
A Case Study on the Impact of Activity

Based Learning upon Youth: A Steering
efforts towards Aatm Nirbhar Bharat
Niimisha Kaul
PhD Research Scholar
Abstract
As part of a rural development fellowship named Youth for India, a flagship program
of State Bank of India Foundation, the researcher spent 13 months in Wankaner,
Gujarat. The non-government development organisation assigned to the researcher
was Aga Khan Rural Support Program (India) by the fellowship under whom the
researcher took up working with the local youth in Wankaner, Gujarat. The researcher
worked with YUVA JUNCTION. Through this ongoing project, the students are taught
a course which includes the computer, English, work skills, life skills and retail for
three months. The project aims to make these students financially independent by
providing the skills required in the professional environment. While still deciding her
intervention, the researcher found that though the project provides the students with
skills, they lacked essential motivation, self-esteem, and confidence to become
financially independent because of the world’s limited exposure. Therefore, as a part
of her intervention, the researcher decided to build self-esteem and confidence in
these students through activity-based learning. The researcher came up with a model
of 10 activities done in the three months course besides the skills already taught. In
her fellowship tenure, the researcher engaged with approximately 60 students who
became a part of this activity-based learning. The research paper focuses on the fact
that for making India AatmNirbhar, it is essential to motivate the youth and put them
in an ‘I can do’ kind of mindset before teaching them skills for becoming self-
independent. As only a mind full of zeal and enthusiasm to do something with their
life will be able to grasp the skills and use them to achieve their full potential.
Keywords: Self-esteem, Motivation, Self-confidence, Youth, Rural Development.
A Case Study on the Impact of Activity Based Learning upon Youth... 113
Introduction
The economic and social disruption caused by the pandemic is devastating: tens of
millions of people are at risk of falling into the deep well of extreme poverty, while the
number of undernourished people, currently estimated at nearly 690 million, could
increase by up to 132 million by the end of the year.1 Millions of enterprises face an
existential threat; Nearly half of the world’s 3.3 billion global workforces are at risk of
losing their livelihoods. Informal economy workers are particularly vulnerable because
a majority of them lack social protection and access to quality health care and have
lost access to productive assets. Without the means to earn an income during
lockdowns, many are unable to feed themselves and their families. For most, no
income means no food, or, at best, less food and less nutritious food. 2 To aid our
country out of the pandemic Covid 19, India’s prime minister has announced an Rs.
20 lakh crore economic package under the ‘AatmaNirbhar Bharat Abhiyaan’. India’s
self-reliance scheme is a scheme where there is a concern for the happiness, cooperation
and peace of the whole world. It is very much like the ancient concept of ‘Vasudev
Kutumbakam,’ which means that the world is one family. It does not advocate a self-
centred system. The Five pillars of Atmanirbhar Bharat focus on Economy,
Infrastructure, System, Vibrant Demography and Demand.3 As per the 2011 census,
every fifth person in India is an adolescent (10-19 years), and every third person is a
young person (10-24 years). Thus, investing in this population segment is the best
way to grow the nation.
Article 21-A was inserted by the Eighty-Sixth Amendment in India’s Constitution,
which provided for free and compulsory education for all children in the age group of
six to fourteen years as a fundamental right. Further, the Right of Children to Free and
Compulsory Education (RTE) Act, 2009 is consequential legislation envisaged under
Article 21-A. It means that every child has a right to full-time end elementary education
in a formal school which satisfies specific formal standards and norms. If this formal
education is coupled with some activity-based learning to enhance their personality
and thinking patterns, such a student will be at a better place to understand the self’s
goals and work towards achieving those objectives from a young age. When provided
with the right guidance, these young students will have the capabilities to start their
work and become youth or teenage entrepreneurs as the term goes-Teenpreneur.
The researcher pursued a rural development fellowship with Youth for India, a
flagship program under the State Bank of India foundation from 1 October 2018 to 31
October 2019. She was assigned the non-government development organisation Aga
Khan Rural Support Program (India). The researcher was located in Wankaner,
Gujarat. When she was in the initial stages of deciding her intervention, she interacted
with the rural youth Wankaner. There was an ongoing project of the non-governmental
organisation- Yuva Junction where these local youth are taught a course that would
benefit them in their professional life for three months. Post finishing the course,
some would go to work in nearby cities and a few used to do their work. The researcher
found many other challenges that the local youths faced because of a lack of exposure
to the bigger world. They were shy and introverted. It was tough for them to express
themselves, especially in front of a larger audience. Also, they lacked in motivation to

find some meaning and purpose in their life. Thus, the researcher decided to help
them build self-esteem and confidence through activity-based learning.The activity-
based learning model may draw parallels with the theory of cognitive apprenticeship
under which someone who is a master of some skill will teach that skill to an apprentice.
This theory of cognitive apprenticeship aims primarily at teaching the processes that
experts use to handle complex tasks. Where conceptual and factual knowledge is
addressed, cognitive apprenticeship emphasises its uses in solving problems and carrying
out tasks.4
Location
The place of case study-Wankaner, Gujarat is a city and a municipality in Morbi
district in the State of Gujarat. Until 2013, Wankaner was part of the Rajkot district.
There are ninety-nine villages and two towns in Wankaner Taluka.5 Wankaner Taluka
has a total population of 219,065 as per the Census 2011. Out of which 111,725 are
males while 107, 340 are females. In 2011 there were a total of 40,489 families residing
in Wankaner Taluka. As per Census 2011 out of the total population, 24.1% people
lives in urban areas while 75.9% lives in rural areas.6 Out of the total population,
15,113 were engaged in work or business activity. Of this, 12,770 were males while
2,343 were females. In the census survey, a worker is defined as a person who does
business, job, service, cultivator and labour activity. Of total 15113 working population,
92.46 % were engaged in Main Work while 7.54 % of total workers were engaged in
Marginal Work.7
The Activities Conducted to Improve the self-esteem and

confidence
The researcher conducted this activity-based learning with approximately 60 local
youth. They are elucidated in the forthcoming paragraphs. The first activity titled-
“Different Introduction” was conducted after the basic introduction of students is
over. The students were asked what they understand by words like self-esteem and
confidence, followed by a discussion. Later, the students were shown two motivational
videos about self-esteem. Then, the students were divided into pairs (in case of an
odd number of students, the teacher can do the activity with one student). The focus
while making pairs of students was on the fact that both are unknown to each other.
Once the students have been put into pairs, they are given 15 minutes to get to know
their partner. Each student was supposed to know precisely the good qualities of their
partner. While talking about their good qualities to their partners, the students were
explicitly asked not to feel shy while speaking out anything they think is their good
quality. Once 15 minutes were over, each pair introduced their partner to the whole
class while focusing on their good qualities. This activity focuses on boosting the
self-esteem of students by reminding them about their specific good qualities. A good
relationship with oneself is the foundation of building a good life for the self.
The second activitytitled- “Ice-breaking” directed students to think about three facts
about themselves. In these three facts, two facts are supposed to be true, and the
third fact is to be false. The students were given 10 minutes to decide the three facts.
Then, each student came in front of the whole class, said all the three facts about
oneself, and the class was supposed to guess the false fact. This activity is a fun ice-
breaking activity, where the students will get to know each other even better and,
thus, develop better bonds and trust. This will bring them ease and comfort to be
themselves.The third activity, “Long-term and Short-term”, begins with discussion
over goals and ambitions. A small discussion occurs as to what they want to do with
their lives, why they want to work, why they want to become self-independent, etc.
Later, each student was asked to pen down their long term as well as short term goals.
They were asked to specifically talk about their planning as to how they plan to
achieve their short-term and long-term goals. The students were given half an hour to
pen down their thoughts. They were asked to sit individually in peace and not to
interact with other students. The environment of silence and focus was created in the
class. The class then is put in pin-drop silence where students were just thinking and
writing down their planning. Once the half an hour was over, each student came and
shared their long-term and short goals. They shared in detail their planning to achieve
those goals.Further, they were asked to keep their page of planning safe and put it at
a place where they could regularly see it, re-read the same again and stay motivated.
This activity focuses on making the students think about their ambitions and goals. It
makes them think about their life in general as well as what they want out of life. It is
more like a kick start for them to think about their future and act upon it. It was
imperative to explain the activity and its importance to the students before starting the
same to take the activity seriously and do it with full dedication.
In the fourth activity titled – “Affirmation sheet”, the students are given colourful
A4 size sheets, coloured pens, sketch pens and crayons. The students were then
asked to write their favourite quote(s) in whichever language they wish to as well as
they had to decorate that sheet artistically and creatively. They were given one hour to
complete this activity. Later, all of them had to come in front of the whole class one by
one and share one quote each and its meaning. The students also voted their top three
affirmation sheet and those three students were given a prize. The students were
asked to put their affirmation sheet at a place where they can re-read it and spread
positivity in their life. The activity focuses on spreading positivity in the students’ lives
because only through a positive mindset, can we bring positive changes in our life.
The fifth activity, “Extempore”, where all the children were given topics to speak on
individually. The topics were fundamental topics like- my mother, my father, my
favourite festival, one thing I cannot live without, etc. They were given 15 minutes to
think about the topic. They were supposed to prepare the topic to talk about the topic
for a minimum of 30 seconds. After 15 minutes, they all came one by one and presented
their given topic. They were allowed to talk in any language in which they are
comfortable. This activity focuses on developing presence of mind and learning to
present their thoughts in front of a large audience. It helps in boosting their confidence
as well as communication skills with a dose of creativity to it.The sixth activity titled-
“Assimilating Information for Yuva Junction” was related to sending students
across to different villages in groups. They were asked to assimilate information
concerning youth availability (age 18+) in the specific village assigned to that specific
group. They were given forms which had to be filled concerning each youth they
come across in a specific household in their assigned village. Further, they were
provided with pamphlets concerning Yuva Junction, Wakener to make the villagers
aware of this course’s availability. The reason behind conducting this activity was to
make students comfortable in talking to strangers as that will be beneficial when they
enter the professional environment.The seventh activity was titled - a “Street play
based on village scenario”, in which the students were divided into four groups, and
each group was given the following situations:
1. The problem concerning eating tobacco in villages,
2. The discrimination in treating girls and boys,
3. Not sending girls to school for studying,
4. Not allowing children to go outside Wankaner for work purpose.
The plays were directed and enacted in Gujarati. The reason for conducting this
activity is to make these students more expressive, communicative, and boost
confidence.
The eight activity titled- “Grooming Session” was a session which focused on
dressing formally for an interview or at a workplace and is further focused on the
correct body language and the way to converse in an official environment. The same
is done through pictorial images of body language and dressing. Conversation happens
with students on how to behave and dress up in an office set up. A formal work set up
is new for these rural students, and most of them are not aware of what kind of
behaviour is expected of them in such a setup. Besides, most come from agricultural
background families and have neither seen their parents in a professional set nor can
the parents or the older generation guide them about an official setup’s expectations.
Thus, this activity can help a rural youth who wants to set up their own work and
trying to get clients for the same or someone starting a new job.The ninth activity was
a “Street Play based on Office Scenario” in which students were divided into four
groups and given situations related to an office environment. This was again a street
play activity the focus was on challenges faced at the workplace. This activity was
vital as it would mentally prepare them beforehand about the expectations that come
at a job from the employer or a client in case of their own work. The situations were
as follows:
1. Taking leave from office- one employee informs, and the other does not
inform.
2. Dealing with complains of a customer at a customer care centre.
3. The employee has to leave early for some personal reasons, but boss gives
extra and urgent work.
4. Working overtime in an office on an urgent deliverable with no overtime pay.
The activity aims to develop understanding amongst children about an office atmosphere
and how they are expected to behave in an official set up.The tenth activity titled-
“Encouraging to stay a good human being” included a short two-way discussion
with students about “who is a good human being?” and “why is it important to be a
good human being?” This is followed by simply keeping a box in the classroom and
encouraging students to donate anything that they do not use (only if they wish to)
that the Yuva Junction staff can give to people in need. A simple activity to make them
realise the power of giving. This activity is based on reminding students that as they
move ahead in their life with great zeal and enthusiasm towards their career and
ambitions, they must not forget their humbleness as well as always stay a good and
helpful human being.
The Impact of the Intervention

A telephonic survey was conducted on 26 students out of the approximately 60
students who were part of the activity-based learning during the researcher’s 13
months tenure of her fellowship. She found that 25 students out of 26 students contacted
gave her a positive response. Thus, it accounts for an affirmative response from 96%
of students contacted for telephonic survey in the case study.
The following questions were put before them with results:
1. Has your personality improved after doing the activities?
25 students out of 26 gave a positive response

Has your self-confidence improved after doing the activities?

25 students out of 26 were affirmative in their response.
3. Are you able to speak more easily in front of a large audience after doing the
activities?
Thus, 25 students out of 26 gave a good response.

Conclusion
This study was conducted during the researcher’s fellowship tenure, which was
from 1 October 2018 to 31 October 2019. Over and above the intervention elucidated
in this research paper, the intervention also included looking for jobs or self-
employability options for the local youth in and around Wankaner to not travel to cities
for becoming self-independent. This research paper focuses on developing purpose
and desire in the country’s youth with the right amount of self-confidence and motivation
to do something meaningful with their lives. Only with this mindset can youth use the
skills they already have or are acquiring to better their lives and those around them.
Thus, they must stay in high spirits and determined because the path to becoming
Aatmanirbhar includes many twists and turns, thus test the will and spirit of the
person.
The Part- II of the National Education Policy, 2020 focuses on re-imagining
vocational education. The National Education Policy, 2020 elucidates that as per the
12th Five-Year Plan (2012-17) only a small percentage of the Indian workforce in the
age group of 19-24 (less than 5%) undertook vocational education. On the contrary,
in countries like the USA number is 52%, in Germany, the number is 75%, and in this
South Korea, it is as high as 96%. This focuses on the requirement and urgency for
spreading vocational education in India. The National Education Policy, 2020 aims
that by 2025 at least 50% of learners through school and higher education will have
exposure to vocational education for which an action plan will be laid down with
target and timelines. The same is also aligned with Sustainable Development Goal 4.4.
These vocational training coupled with such activity-based learning as described in
the research paper will provide holistic development to the student’s personality with
the skills provided by the vocational education. This will thoroughly prepare an individual
for the real world and help realise the students’ full potential.
It is necessary to build affirmative and positive thinking patterns in the youth of
our country. This is the age where we are most amendable, and thus, good habits
formed at this age is setting up for long-term success. As the saying is true that old
habits die hard. With whom the researcher performed this activity-based learning,
these rural youth came mostly from humble agricultural backgrounds. Thus, they
were shy and reserved, as well as hesitant. It was necessary to bring them out of their
shell before they start their professional journey. As they were young, full of spark
and inquisitive about the world, they were at the right age to adopt different thinking
patterns and adopt new things in life. Thus, our country’s development is dependent
on the opportunities provided to the youth of our country. It is necessary to encourage
them to excel and provide them with the right platforms to thrive in their area of
interest.It is imperative to prepare the youth in advance about the challenges on the
road to Aatmanirbharta and activity-based learning can be a highly creative and unique
way to make them understand and give them a glimpse to learn to face the oppositions
sensibly and calmly. The youth is the future of the country and, therefore, they must
learn to trust themselves. They are the ones who bring hope for a better tomorrow for
our country. When they learn to trust in their capabilities, they will be able to generate
work not just for themselves but also for others.
The researcher in her concluding remarks would like to stress the point that though
the activities are fundamental and elementary for someone who has lived in an urban
set up for a significant part of their life, on the contrary for someone coming from a
rural setup, they are challenging, different and help in polishing and bringing out the
real qualities of these youth.Thus, the researcher with her humble case study would
like to emphasise that besides the development of skills to become Aatmanirbhar, the
focus is also needed towards holistic development of a youth’s personality which
includes developing traits like self-confidence, enthusiasm, self-trust, diplomacy, self-
awareness, courage, integrity, communication and humbleness.
(Endnotes)
1. World Health Organization, Impact of Covid 19 on people’s livelihoods, their health
and our food system (2020), available at: https://www.who.int/news/item/13-10-
2020-impact-of-covid-19-on-people’s-livelihoods-their-health-and-our-food-
systems (last visited on Feb.15, 2021)
2. Ibid.
3. National Portal of India, Building Atmanirbhar Bhart and overcoming Covid 19,
Aatmanirbhar Bharat abhiyan support Indian economy in fight against Covid-19
(2020), available at: https://www.india.gov.in/spotlight/building-atmanirbhar-bharat-
overcoming-covid-19(last visited on Feb.15, 2021)
4. University of Illionis,“COGNITIVE APPRENTICESHIP: TEACHING THE CRAFT
OF READING, WRITING, AND MATHEMATICS” 3 (Jan, 1987)
5. Wankaner Taluka-Rajkot, available at-https://www.census2011.co.in/data/
subdistrict/3801-wankaner-rajkot-gujarat.html (last visited on Feb.15, 2021)
6. Wankaner Taluka Population, Caste, Religion Data - Rajkot district, Gujarat, available
at-https://www.censusindia.co.in/subdistrict/wankaner-taluka-rajkot-gujarat-
3801(last visited on Feb.15, 2021)
7. Wankaner population census 2011-2021, available at-https://www.census2011.co.in/
data/town/802500-wa nka nergujar at.html#:~:text=The%20Wanka ner%
20Municipality %20has%20p opulation,re leased%20b y% 20Census %20 India%20
2011.&text=Moreover%20Child%20Sex%20Ratio% 20in,than%20state %20
average%20of%2078.03%20%25.(last visited on Feb.15, 2021)
��
Dawn of “Aatma-Nirbhar Bharat” and Socio Economic Condition of India 121
13
Dawn of “Aatma-Nirbhar Bharat” and
Socio Economic Condition of India
Dr. Pallavi Bajpai Vanshika
Assistant Professor Student 5th Year BBA. LLB
Sel Grade, The NorthCap University,
The NorthCap University, Gurugram Gurugram
Abstract
An unfulfilled dream “Atmanirbhar Bharat” seen by many protagonists in our country

but only one man could muster the courage to bring it to reality. The scheme was
proposed by Prime Minister Narendra Modi through an economic package whereby he
reflected upon the idea of self-sufficiency, that’s been deep down lying in every Indian’s
heart. The global pandemic brought us an opportunity to come out of our shells and
be the surmounting substructure for our country. People of this country are the running
hands for our nation and it was very well demonstrated when the production of PPE
kits and N95 masks were raised from zero to two lakh per day. India with its ancient
moral proficiencies and young workforce has the potential to have the edge over the
world. Our primeval scriptures are loaded with insights of wisdom and knowledge to
pave a way to progress, all we need is support from our youth. The authors are trying
to understand the analogy set out by the idea of this government as this plan does not
end at self-sufficiency or is not restricted to fulfilling the needs of the nation only,
whereas it actually embraces the intent of producing enough to satisfy the hunger of
its own country and also the hunger of the world at large by way of export. Focusing
on to the big question that “how this scheme is based on five balusters of economy,
manpower, technology, system and demand to lay its support to the whole structure?”
Answering and dissecting each factor in a way that now, it is high time we should stop
crawling and time it’s to give our economy a thrust for high returns in terms of numbers.
Here our hands will play a vital role in giving that thrust and making our dream come
true. New India must have a new-fangled system so that we could touch the expectations
set out for 21st century. Standards of technology or infrastructure should be such that
it speaks for its modern India. Market demand set out by market forces should be met
by our local vendors and manufactures. Lastly, the author focuses on the assessments,
such as how we will lead a path to development and how this scheme is actually
executed and what is the expectation of general public about the success of plan? The
change would be huge if the potentials are met by the government. India would undergo
a transmutation and that might take us to Pre-British era where we actually had a
dual digit GDP. This scheme of the government is just like a small child who is shown
to have immense possibilities for its future.
Keywords: AatmaNirbhar Bharat, MSME, Economy, PPE, FDI.
Introduction
A movement of economic revival started by our Prime Minister Known to be
“AatmaNirbhar Bharat Abhiyan”. Some may call it an economic package for our country
but it was actually a battle plan thought through by veterans in the country to support
the people of organised and unorganised sector. Amid COVID-19, it was crystal clear
to the government that we need to fulfil the gaps of demand and supply and we are
very much self-sufficient to do that. Only the plan needs to be organised so well that
ittakes on all the tasks underlined systematically. The objective of the plan was not
restricted to strengthen the international market but to make our own market for our
local manufacturers.1 Country like India where different cultures, languages, ethnicity,
caste, creed, stay entwined with each otherand stand in solitary for all. India globalised
the idea of unity in diversity now is the need to reflect it through our products.
Therefore, the idea of AatmaNirbhar Bharat is brought to strengthen not only the
industrialists in the country but also the local vendors. There is immense potential that
the youth of the country carry in their hands all they need is right direction and
resources to fulfil the needs of the global world. There were consultations held with
strategists, novices, veterans upto the level of PMO just to map out the road for
development and make our country self-reliant. The word AatmaNirbhar was proposed
after this policy was introduced. 2 The true definition of AatmaNirbhar starts with
satisfying the needs of the people with the home-grown produce but it does not
restrict itself to this extend. The very agenda is to fulfil the needs of the people but
first our own needs. After that levelling the competition to the globalized world by
providing every indigenous product with uppermost quality and least cost. The idea is
to strengthen the workforce for the economic battle field and then leave those soldiers
in the international market to have the prosperous results for world at large. It actually
means preparing our local vendors for worldwide. So, the actual slogan is vocal for
local in the globalised world. The benefit of this scheme is to extend to the migrants,
labourer, farmers, small industry owners, cattle ranchers, industrialist, medium scale
industries, fishermen, weavers, personnel working in the organised and unorganised
sector for the living of their family.3 Major chunk of population i.e., 68.8% of India
amounting almost two third of the people earn less than $2 per day. Out of this sharing
30% of the population is making $1.25 per day, less than even the bare minimum.4
Making everyone self-resilient is the objective so that no one is dependent on other for
fulfilling the needs of himself and his family. No one has to spread his hand in front of
other for begging. To make the population of this country Self-efficient that they fulfil
the needs for they family first, thereafter country and ultimately, they sever the hunger
of international market. Right now, it seems to be a minor step but after execution it
will result in humongous outcome.
The overall scheme is planned to be released in different phases in the country
which was very well expressed by the finance minister in five different conferences.
The very beginning of the phase deals with industrialists which fall under micro,
small, medium enterprises. The very next phase deals with underprivileged or people
below poverty line including the migrants and small farmers. Another phase entirely
deals with agriculture. Next phase is about other factors which deals with development
index that includes different measures taken by the government for the progress of
the people in the country and the lastly all different kinds of government reforms such
aschanges in FDI, Public Private Partnership airport models etc.The world was hit by
the corona virus and economy of every country was tripped just like India but self-
reliant scheme poses certain assistances. This scheme promises spur in the growth of
GDP, employment opportunities, production and supply chain efficiency benefits for
the whole nation. The creation of merchandise in our nation will expand the ventures,
joblessness will be wiped out from our nation and the neediness will likewise be
decreased. The nation’s economy will likewise be solid. Imports in the nation will be
less and exportations will raise. If the production is expanded in the nation, at that
point it tends to be traded to different nations additionally so that foreign cash likewise
can be brought to our nation. The plan majorly focuses on five balusters i.e., Economy,
Manpower, Technology, System and Demand. 5 Each factor in its way intends to
focus on consolidation of the nation.
Economy
The government intends to increase the money flow in the market by way of increasing
the credit restraint of the states from the original limit of 3% to increased new limit of
5% for the year 2020-21.6 This is analysed and assessed that it will be giving a state
additional funds of 4.28 Lakh crore. There will be genuine increment of up to 3.5% of
Gross State Domestic Product (GSDP) followed by 0.25% expansion connected to
policies on - universalisation of ‘One Nation One Ration card’, Ease of Doing Business,
power appropriation and Urban Local Body incomes. If out of these four policies
three are accomplished there might be rise of 0.5%.7 For increasing the liquidity in the
market the cash reserve ratio is also decreased that it will result in money flow in the
market up to 1,37,000 crores.8 Another peculiar liquidity plot of 30,000 crore has
been introduced by the government. The venture under this plan is sought to happen
in both primary and secondary level of market businesses in investment debt paper of
Housing Finance companies, Micro-financing investments, or it can be Non-banking
financial institutions. The securities under the scheme are completely ensured by Indian
government.9
Manpower
It is must for a nation to build up its own procedure of human resource advancement—
in the light of its reflected monetary, political and social objectives. It shall also ensure
labour needs and likewise ensuring the work force in the right direction through
establishments and methodology for the growth of the country. Therefore, AtmaNirbhar
Bharat Rojgar Yojana was appropriated to upsurge employment in the organised sector
and boost creation of new business openings for the public at large. This policy is
benefiting both employers as well employee having salary less than 15,000 and are
registered under EPFO. The enterprise having employees more than 1000 will be
granted 24% financial interest in EPFO to both employer and employee. Another thing
benefiting employers, but having more than 1000 employees, will also receive 12%
input from the government on EPFO for two years.10 This is specifically affirmed so
that employers employ as much as work force available to avail the benefit. There
were three other policies that were created for the unorganised sector - Pradhan
Mantri Matsya Sampada Yojana, for which almost 11,000 crore funds are released in
order to support aqua activities. Compensatory Afforestation Management and Planning
Authority, under this scheme 6000 crore is allocated to enable job creation for adivasis.
Also, introduction of emergency working capital for framers amounting 90,000 crore
that will be given to farmers through NABARD for meeting their agricultural credit
claims.
Technology
As far as Technology is concerned, manufacturing under “Make in India” activity will
be advanced in the defence area intending to make the nation autonomous. Depending
on a year wise course of events a rundown of weapons/stages will be delivered which
will be restricted for import. Moreover, the public authority has intended to improve
the self-rule, responsibility and effectiveness in Ordnance Supplies by corporatisation
of Ordnance Factory Board.11 The Council of Scientific & Industrial Research has
been allocated with millennium activity of R&D under the programme named New
Millennium Indian Technology Leadership Initiative (NMITLI) under this programme
efforts are being made for conceptualising, evolving and implementing the programme
for the pursuit of science in a way that it impacts the world.12 For the aviation Sector,
plan has been proposed for reducing the limits of use of air space for India, saving
fuel and time also an amount up to 1000 crores per year. Airport Authority of India has
decided to build 12 more airports for which 13,000 crores have allocated, through
Public Private Partnership Model.13
System
With the initiative of AatmaNibhar Bharat along with it another such came out to be
having a system that is fulling the dream of 21st century. The government of India
intends to make India a place where we work on the developed system leaving out the
policies of past. They have formulated various plans and policies for the improvement
of standard of living of the people such as One Ration One Nation Scheme, technology
framework is to be used for providing ration through fare price shops in India. Ease
of Affordable Rental Housing Complexes is another way of supporting the poor people
of the country. Central government directed the state government that they must act
with the assistance private enterprises to develop housing complexes on their private
lands.14 The Government decided to conclude a facilitative lawful structure for
empowering farmers when dealing with processors, aggregators, huge retailers,
exporters and so on in a reasonable and straightforward way. The fundamental piece
of the structure will be setting quality standard, promising earnings and threat
mitigation.15
Demand
Government has strategically worked for meeting the demands of the population by
increasing the money flow in the market. The word demand actually refers to the
ability of the purchaser to pay the price asked for. Therefore, it is important for the
consumers to have the purchasing power in hand in order to enhance the market
functionality. The purchasing power of the people will be enhanced for actually fulfilling
the needs of the market but that will ultimately be resulting into rise in economy. They
have worked upon the incentive scheme for Micro, small, medium enterprises
(MSMEs). In furtherance to this they also widened the definition of small and medium
enterprises by increasing the investment limit for small it is 10 crores and for medium
it will be 20 crores.16 A loan of about 3 Lakh will be accorded by the government to all
the enterprises falling under the category of MSMEs and all the other business entities
badly ruptured during the pandemic. All these funding will help entrepreneurs get a
hand on their business once again and to fulfil all the other liabilities incurred all along
pandemic.17 Even relaxation has been given under Insolvency and Bankruptcy code,
by extending the default amount up to one crore.18 Moreover, street vendors will also
have the access to initial loan amount around 10,000.
Analysis
This pandemic came with dual torments one side health was on stake and on the other
side means for livelihood for marginalised group. They had to cope up with both the
problem at once and both roads lead to only one destination that is death. This existing
angst left with no option than looking back totheir domicile. This force of about 6
million were not just daily wagersbut were the real economy boosters. Mandatory
social norms of this pandemic brought these people ina destitute state with no money,
no aid, and no government assistance. The migrant labour workforce is important to
each and every economic sector especially to that of MSMEs (Micro Small & Medium
Enterprises) which contribute approximately 30% to the Indian GDP.19
The unemployment rate was already at a decade high of 7.2% in February 2020
and with all factories and industrial activities coming to a screeching halt it stood at a
whopping 21.7% in June 2020.20 Due to Corona virus the economy of the country
was affected because the supply and demand chain were severely hit, stumbling the
equilibrium quotient. In some sectors there was no demand at all and in some there is
excess demand which has totally disrupted the supply chain in different sectors, which
is predicted to be as inflation turbulence in the country. Business and manufacturing
sector have also shown clear signs of inflation as reported by the IIM, Ahmedabad.21
The government of India came up with various policy frameworks for strengthening
our work force who have returned to their native places. Those policies included
MNREGA, Garib Kalyan Rozgar Abhiyan, reduction in interest rate for loans, etc.
Specifically, Graib Kalyan Rozgar Abhiyan was centred for all migrants under which
they were promised to be delegated with 25 different works within their native place
for improving infrastructure with the help of gram panchayats, local districts and
state government22 these are some of the ways how government has planned to cope
with the down fall that our country is set to face within coming years. The growth of
the country may seem negative and people who complete the circuit of economy
through factories, manufacturing units, driving cabs and auto rickshaws, industries,
were also facing crunch of financial orbit and the situation prevailing might be
threatening yet the hopes are high for a bright future. Government has magnified
those hopes into reality with a battle plan where situation of proper money flow or
liquidity of market is taken into consideration and a layout is drawn, which was
absolutely necessary to pull the train back on track otherwise the economy would
have doomed.
This is grave and desperate time for the government to hear those who have been
continuously warning about the economical volcano and how it is going to erupt. The
government has acted proactively and decisively to avert the devastation which lies
ahead. Time and again it has been reiterated that India will see disrupted economic
growth, frightening famines, mass deaths due to starvation, sudden and significant
spike in mayhem and abusive activities, civil pandemonium, and total collapse of control
over legislative and authoritative foundation in the country.23 It will be nothing but a
very possible and potential reality if the government does not act timely. Some of the
fundamentalist said, if the government still chooses not to act then it will be remembered
as “chronicles of Indian economy”, how an ignorant administration pushed one of the
most robust and promising economies into oblivion and how one of the most
comprehensive and deep value systems across the world was turned into an anarchy.
However, the way landscape painted by the government through various policies and
plans during pandemic for drawing out economy from distress is not only applauded
by our nationalist, but across the globe. The very system of the country be that social,
economic, or ethical was at the verge of decimation but before the things could have
started taking ugly shape the government acted with at most alacrity by saving time
on the clock and revamping the growth in all the sectors.
Conclusion
The ideology behind the scheme was to bring in independence for their own
manufacturers and producers within the country by showing support for the indigenous
products. This idea is not new, the seed was sown way back during the era of
independence by father of our nation. Mahatma Gandhi during his whole life promoted
local goods and used all home-grown products. That was an initial step towards the
self-resilient Bharat but unfortunately no further step was taken by the any other
government and everybody thought that the idea died with Baapu. Yet again, the idea
way propagated by our Prime Minister through his ideology in the form ofAbhiyan
named AatmaNirbhar Bharat. Self-sufficiency is a vision that every country, state and
even individuals seek for their growth and development. Advancement of any individual
is not conceivable until it becomes self-reliant. Each and every country has certain
level of inter dependence with other, but over dependence comes out be a negative
aspect for any developing country. It ultimately affects the economic growth of the
country. Amid Corona virus pandemic the real situation of every economy came out
and certainly for India it was and alarming issue. Therefore, Indian government decided
to change the situation and various schemes were introduced to curb this issue. Our
nation comprehended the significance of independence after an absence of food grains
and other basic amenities from most part of the country.
Economy independence is very important for our country and also for every
individual. Soon it was realised that how it will be advantageous in terms of having our
own products and there will be no need to import essentials. Moreover, the surplus
could be exported and benefits could be availed by way of foreign exchange. Positive
progress could be ensured by way of advancement and even the humungous blockadein
front of evolution will be removed i.e., dependence over other country. This will also
ensure self-improvement not only in GDP numbers but will also do away with even
bigger problems such as poverty, death due to starvation and joblessness in the country.
Another stumbling block came out to be “unlock” for the policy makers when the
ripple effect of lockdown were revealed after the introduction of the Scheme. Amid
Pandemic, the theoretical placements of the 5 trillion economy and ground reality of
the nation were looking oceans apart. Because various small manufactures had to shut
down their shops because they were not able to cope up with the change. Even the
implementation of the policy seems to be hanging somewhere far flung from the
actuality.
Nevertheless, Finance Minister seemed promising about strengthening industrialist
and businessmen for the global market but distress could be felt in the minds of
citizens. Ultimately, the budget of 2021 came out to be a shed for our small and
medium enterprises, saving them from scorching heat of economic downfall. The
assistance was made not only in the form of financial aid but regulatory changes were
also introduced. Now, the new limits were set out in the definition of Micro, Small,
Medium Enterprise (MSMEs) by enlarging the ambit of covering such enterprise, that
was stagnant since 2006. Alongside, security free loans and emergency credit line
were also introduced.
The latest change could be traced in Companies Act of 2013 in which the definition
of ‘small enterprise’ was amended, wherein now companies exceeding turnover 20
crores will be termed as small and this will extend benefit to more than 2 lakh
entrepreneurs in the country. That reflects the mindfulness of the legislatures in making
the analogy between the reality and the actuality on which these policies are made.This
step brought flare of happiness amongst the young men and women and is definite
step for promoting innovation. This is will encourage intellective youth of our nation
to propagate start up culture and eventually encompassing the advantage in strengthening
our economy. This child like country isnow progressively pacing towards the footpath
of development and self-reliance.
(Endnotes)
1. AatmaNirbhar Bharat Abhiyan, available at https: aatmanirbharbharat.mygov.in/,
(Last Visited January 2nd, 2020).
2. Action plans should be prepared to ensure success of Atmanirbhar Bharat project,
available at https://indianexpress.com/article/opinion/columns/atmanirbhar-bharat-
project-pm-modi-coronavirus-economic-package-india-6603893/lite/, (Last Visited
January 2nd, 2020).
3. Summary of Announcement: AatmaNirbhar Bharat, available at https://
www.prsindia.org/report-summaries/summary-announcements-aatma-nirbhar-
bharat-abhiyaan, (Last Visited January 1st, 2020).
4. Poverty Data, available at https://www.adb.org/countries/india/poverty, (Last
Visited December 31st, 2020).
5. Building AtmaNirbhar Bharat and Overcoming Covid -19, Available at https://
www.india.gov.in/spotlight/building-atmanirbhar-bharat-overcoming-covid-19,
(Last Visited December 30th 2020).
6. Amit Chaturvedi, “Finance minister Nirmala Sitharaman announces relief package
‘Atmanirbhar 3.0’, new employment scheme among is the highlight, available at
https://www.hindustantimes.com/business-news/in-aatmanirbhar-3-0-sitharaman-
announces-new-employment-scheme-to-generate-opportunities-during-covid-19-
recovery-phase/story-vHVPWdkVOLlIhP2wcsHiXK.html, (Last Visited December
29th, 2020).
7. Economic Data, available at: https://static.pib.gov.in/WriteReadData/userfiles/
Aatma%20Nirbhar%20Bharat%20%20Presentation%20Part%205%2017-5-
2020.pdf, (Last Visited December 28th, 2020).
8. Ibid 6
9. Cabinet approves AatmaNirbhar Bharat Rojgar Yojna, available at https://pib.gov.in/
PressReleasePage.aspx?PRID=1679336, (Last Visited December 27th, 2020).
10. Incentives for Rojga Yojna, available at: https://www.uniindia.com/-atmanirbhar-
bharat-rozgar-yojna-to-incentivise-creation-of-new-jobs-during-covid-recovery-
phase-fm/india/news/2232392.html, (Last Visited December 29th, 2020).
11. Gurmeet kaur, “5th Tranche announced by Union Finance & Corporate Affairs
Minister Smt. Nirmala Sitharaman under Aatmanirbhar Bharat Abhiyaan to support
Indian economy in fight against COVID-19”, The Times of India. May 17, 2020
12. Council of Scientific & Industrial Research, available at: https://www.csir.res.in/
about-us/vision-and-mission.
13. AAI Startup Initiative- Innovate For Airports, available at: https://www.aai.aero/
en/important-links/aai-startup-initiative-innovate-airports, (Last Visited December
30th, 2020).
14. AtmaNirbhar Bharat Scheme for Migrants- A holistic Approach, available at,
https:/vikaspedia.in/news/atmanirbhar-bharat, (Last Visited December 30th, 2020).
15. Ministry of Finance, Financial Statistics, Available at https://static.pib.gov.in
WriteReadData/userfiles/AatmaNirbhar%20 Bharat%20Full%20Presentation
%20Part%204%2016-5-2020.pdf (Last Visited December 29th, 2020).
16. Ministry of Micro. Small & Medium Enterprise, The Gazette of India, (MSMEs,
Delhi, 2020)
17. Implementation of AatmaNirbhar Bharat Package pertaining to Ministries of Finance
& Corporate Affairs-Progress So Far, available at, https://pib.gov.in/
PressReleasePage.aspx?PRID=1653725, (Last Visited December 31st, 2020).
18. Insolvency & Bankruptcy Code, 2016
19. Prateek Sharma, “A significate role to make India AtmaNirbhar”, available at
https://www.business-standard.com/, (Last Visited December 30th, 2020).
20. CMIE, https://www.cmie.com/, (Last Visited December 31st, 2020).
21. Raghuveer Tyagi,“To-accentuate-growth-slowdown-impact-on-inflation-
ambiguous“, available at: https://economictimes.indiatimes.com/markets/stocks/
news/covid-19-to-accentuate-growth-slowdown-impact-on-inflation-ambiguous-
rbi/articleshow/75060578.cms?from=mdr(Last Visited December 31st, 2020).
22. Mahmood Farooq,“Modi Launches employment scheme for migrant workers
affected by coronavirus lockdown”, available at: https://economictimes. indiatimes.
com/news/economy/policy/pm-launches-employment-scheme-for-migrant-
workers/articleshow/76479291.cms, (Last Visited January 1st, 2020).
23. Kalraj Mishra, “We need to provide undivided attention to the working conditions
of migrants”, available at, https://indianexpress.com/article/opinion/columns/
migrant-workers-india-lockdown-up-bihar-6467104/, Last Visited January 1, 2020.
��
14
Self- Reliant Indian Economy and IPR:

A Socio Legal Study
Dr. Nisha Dhanraj Dewani

Ph.D Research Scholar
Abstract
India has signed numerous agreements and treaties on IPR but the question is by
promoting innovation, does it increase our foreign direct investment? Do the capabilities
of a developing nation’s IPR assets determine the volume of its economic progression?
Should a developing country such as India simply adopt strong IPRs protection regime
and expect that its economy will respond with a strong growth? Undoubtedly the profits
from almost all human endeavours can ultimately be translated into monetary gains.
Undoubtedly, the advancement of Intellectual Property Rights (IPR) has inevitably
backed to an upsurge in the stance of nations towards the social and cultural growth
component, with the primary impression that the growth f economy has become the
most affected field and that a distinct scope of study is needed. The transformation of
national IP laws from a feudal to a capitalist economy offers evidence for the
understanding that India’s independence in 1947 was an economic change rather than
an ethical one. Therefore the purpose of this analysis is to examine the magnitude of
an intensive IP system on the economic progression of India and also to decide how
the Indian economy has evolved with technology.
Key Words: Self Reliance, Intellectual Property, Economy.
Introduction
“Intellectual property” is a contrivance of “economic development” which has not yet
been applied to the entire planet in a way that is simultaneously productive and socially
viable, especially in the developing world. Under any regime, It is assumed that two
items are mainly achieved through constructing IPR protection systems through laws.
The first argument is that patenting encourages new testing facilities and technologies
Self-Reliant Indian Economy and IPR: A Socio Legal Study 131
to be created. Second, the cornerstones of any development are science and creativity.
Fourth, it is cheaper to manufacture non-rival goods that would allow the government
to invest time and cash on research and growth.1 The imitators will quickly replicate
advanced technologies without paying any expense for the research work without
immunity from the rules. In order to make more sales than innovators, imitators can
more easily have a cheaper price. Hence, in the under-protected situation, they would
be less inclined to indulge in imagination. Since it is high risk and expensive to do so
for all of them, both manufacturers choose to share the free and specialised knowledge
generated by others. The patent system will appear to have a certain purpose in which
the innovators/creators may have a more protective role towards the holder of the
copyright that introduced a successful idea. In expecting further monopoly protections,
patent owners will be more willing to spend financial capital and human resources in
innovation efforts. It offers a holistic guide to the usage of intangible assets, such as
experience, knowledge, creativity and inventiveness. These are progressively replacing
traditional and tangible assets, such as land, labour and capital. Many economists have
tried to provide an elucidation for many years as to why certain economies are growing
rapidly, while others are at halt or doing nothing. In other words, why certain countries
are rich, while others are poor or poorer. It has been admitted that cultural, artistic,
intellectual and technological and transmission of the trends have frolicked a chief role
in the recent growth of the economy. Paul Romer, an American economist asserts that
“economic progress is motivated by the acquisition of information and that the
development of the educational sector will achieve greater economic growth.” His
theory states that the government policies for economic growth can be encouraged
spending more on modern research and development (R&D) and subsidise programmes
because that boost human capital for countries wishing to facilitate prosperity.
Intellectual Property Rights and Economic Development

Historical background of Indian Economy
After India’s independence in 1947, the policymakers in India have agreed that their
economy should be self-reliant, isolated and heavily concentrated on reducing poverty.
Through pursuing state-directed industrialization, India tried to bring reform. It followed
the socialist economic model when doing so. The concentrate was on import-
substitution and minimal foreign exchange. So the Indian economy had to go through
a low growth because of the low productivity, particularly in relation to its East Asian
neighbours. The young population and new industries contributes unprecedented
growth that led to a rising consumption class which was catalysed by the economic
reforms that started in the 1990s. The increase of the middle class of India to over
250 million and the decline in poverty levels from 37% to 22% over decades are the
only results of these above stated reforms and their growth.India has expanded its
emphasis on exports, non-factor and labour resources in order to stimulate economic
development. This also culminated in growing inflows of resources and foreign direct
investment (FDI). India’s foreign investment rose from a modest 132 million dollars
in 1991 to a total of 43 billion dollars in 2008. For its elimination and rationalisation of
tariffs and the absence of non-tariff barriers, the country has been globally celebrated.
The average manufactured products tariff was lowered from 153 percent in 1990 to
25 percent in 1997.2
These changes also culminated in a greater convergence between the Indian market
and the global economy. Since 1991, the proportion of merchandise trade has grown
and there has been a dramatic transformation in service trade. As well as being a
significant source of FDI outflows, India has been one of the most desirable destinations
for FDI. In terms of commodity composition and destinations, the trading system has
evolved and the market has become increasingly diversified. However, much of the
rise in exports gained from expansion of global trade and improved competition. There
is already a great deal of room in the economy for diversification and a range of
possibilities have hither to be completely subjugated. Prior to the opening up of the
Indian economy in the 1990s, average growth rates were at 6.5%. Investors, politicians,
and Indian people started to expect that such fast growth rates would be the norm
when India’s economy flourished. Yet the manoeuvring of legislation has culminated
in this momentum being slowed down. India’s growth rate hovered about the 4.5
percent mark during the last few years of the Manmohan Singh administration. Inflation
stood at 10%, with the current account deficit mushrooming to about 4.5% of GDP3.
There is simply no reason for political interference when it comes to economic issues.
India’s economy started stagnating and the Indian “miracle” appeared a thing of the
past as well. Besides, Indian economy expanded by 7.6% in 2015-16.
IPR Regime and Economic Development: The Evidence
The IPR regime is expected to have an indirect influence on efficiency of our Indian
economy because of the creative behaviour. It promotes FDI inflows, technological
transitions and commerce that could affect growth could also be impacted by the IPR
regime. As developing nations are projected to have a better IPR regime than the
weaker ones, the association between IPR and growth may be subject to the issue of
opportunities. Many studies also shown that the connection between the security of
IPR andits growth is non-linear. It means patent protection continues to decrease due
to shift to a middle-income stage above the lowest point, where they have more
potential to copy emerging innovations. The influence and value of FDI in global
industry, on the other side, is on the rise. It is used by firms to extend their operations
into foreign countries, taking advantage of new prospects, cheaper processing plants,
cheaper labourand access to new technology and even access to cheaper financing4.
Beyond this, countries are trying to render their economies an enticing destination for
FDI, as they help generate new employment, increase their GDP and generally produce
economic development. Importantly, countries are trying to stimulate and pull FDI to
meet internal demand for more resources such that economic development can be
stimulated. Multinational companies and other foreign buyers, though, would still choose
to invest in countries where, with relatively small costs, they will generate optimum
returns on their assets.
FDI introduces to the local business about technology transition. The nation in which
the domestic business is headquartered will take advantage of this technology transition
to boost its economy. However, through regions, industries and local populations,
gaining FDI and resulting benefits to a nation is not inevitable. The sum of FDI inflows
and their consequent benefits are impacted by the country’s national policies and
market climate system. There must be a fully open, inclusive and far-reaching policy
structure for investment. It will help to grow the structural capacity to make and
maintain these investments.The enhancement and harmonisation of IPR regimes
worldwide, on the other hand, has important consequences for the mechanism of
developed countries’ acquisition of local technical capabilities. For example, the
awarding of product patents on chemical and pharmaceutical goods will have a
detrimental effect on the process of creative operations of companies in developed
countries in the manufacturing of chemicals protected by the patents. The development
of new biochemical substances is usually beyond the capability of the most innovative
industries in the world, considering the immense resources involved. However, they
concentrate their attention on process developments for existing chemicals and bulk
medicines. This imitative replication or reverse engineering operation is a major learning
source in developing nations. Indeed, in the absence of product patents on chemicals,
most industrialised countries today, as well as newly industrialised countries, encourage
local learning through soft patent laws in the early stages of growth.5 This suggests
that today’s poorer countries would not be able to benefit from an important driver of
overall growth in the efficiency factor (i.e. the absorption of spill-overs of global
inventions) accessible to countries that have already grown. The TRIPS Deal is
exceptionally inequitable in this regard too.
Innovation
Starting with Nobel laureate Robert Solow, researchers since the 1950s have identified
that the production and implementation of economic technologies are the most important
factors deciding the fundamental growth and competitiveness of a country. In order
to achieve accelerated economic development, India should open its markets to
international technology. India needs to encourage intellectual property rights (IPR)
and secure foreign investment in technology it exports to the world. Even bringing
foreign direct investment would boost technology and expand as well. Intangible
principles are a central component of inventions and their dissemination. The World
Bank had revealed that since 1980, the world’s leading economic gains have taken
place in developed countries that both have good safeguards for intellectual property
and have successfully supported their markets for foreign advanced technology and
business practises. As an extremely significant aspect of economic and institutional
infrastructure, the Intellectual Property mechanism has attracted many adherents in
the 1990s. IP is essential in inspiring businesses to invest in emerging economies6.In
comparison, economists have not discussed problems specifically relevant to
economics and intellectual property sufficiently. There are varying opinions among
the few who have discussed this subject. The beneficial association between intellectual
property and technologies and developments is accepted by others, and some have
distinct opinions. A clear correlation between strengthened IP security and an

improvement in inward FDI in some nations has been proposed by several researchers.
The comparable rise in Brazil is more drastic, with a spectacular increase in the amount
of FDIs following the implementation in 1996 of a new intellectual property legislation
providing patent rights for 20 years, as well as pipeline protection for products that
are not yet on the market. It is well recognised that investment in R and D is quite a
costly endeavour. If they are not confident of reaping the lion’s share of the ensuing
gains, investors would under-invest in such an operation. It can be convincingly argued
that in stimulating R & D, IP defence plays a catalytic role.
Transfer Technology
For all types of industries, the amount of corporations seeking to licence their products
has grown and is particularly noticeable in Japan, the United States, and Europe.
Applications for patents in developing countries are growing. It is acknowledged that
development in technology and information has played an important role in economic
growth, but, while addressing these topics in a multi-jurisdiction sense, the most
appropriate studies analyse a world consisting of two types of countries: a developed,
creative ‘North’ and the emerging countries.7 The key questions were whether improved
security of IPRs in developed countries would raise development rates, (b) the scale
of transition of technologies from the developed to developing countries, and (c) the
degree of healthcare at both sites. A basic partial balance study reveals that although
the developing nations will still gain from stronger IPR protection in the developed
countries, the developing countries themselves will benefit only when the R & D is
highly productive, produced by stronger IPR protection in the developing countries
which will result in substantial cost savings in the developing countries. Therefore,
the pinnacle of the new economy could consider intellectual property as a relevant
determinant. Considering the vitality of protection and handling of intellectual property,
the regimes of IPR system become more important to boost our Indian economy8 for
example the contribution of GI, Patent, Trade Mark and Copyright have proventheir
productivity for new innovation and transfer of technology. Unfortunately the probability
of a stronger IPR regime encouraging innovative activity in developing countries is
not very satisfactory. In fact, the adoption of utility models or petty patents and
design patents are emphasised and appreciated rather than implementation of the
provisions of TRIPS.
Industrialization, Technology Transfers, and Trade
Contemporary developments in the area of IPR indicate a reversal of the pattern in the
growing value of arms-length licencing as a technology transfer mode, as multinational
corporations (MNEs) tend to internalise technology transactions more. The rigidity
with IPR regime could further restrict the access of developed world businesses to
technology. There are a variety of cases of Korean firms being refused invention
licences by patent holders in the western world, requiring them to re-engineer the
goods. In developing markets, a number of local companies will be under strain to
close or create alliances with larger corporations, resulting in sector consolidation.

The dependence on imports can increase. TRIPs have also observed to have a major
influence on imports.
Medicine Prices and Consumer Welfare
Several reports have investigated the impact on the heavy costs of pharmaceutical
drugs after the advent of product patents and simulated the non-existence of welfare
for customers in developing countries due to non –availability and non- affordability
of the same. It is commonly accepted that medication costs would increase with the
advent of invention of product patents due to advanced technology. The benefits for
patent owners is massive undoubtedly but not productive for patient welfare. Thus,
India’s low-priced and largely good-quality generic industry is able to provide essential
drugs and vaccines to all. The latest case of major discrepancies between the costs of
HIV Aids medicines marketed by patent holders in South Africa and their generic
substitutes presents more proof of the possible price surge after the launch of product
patents in medical industry. Therefore, India had begun the process of manufacturing
generic medicines. The Parliamentary Committee in India was formed under the
chairmanship of Justice Raja Gopal Ayyangar in 1957, contributed on the issue of
lack of reforms in the area of the Intellectual Property (IP) system, the disqualification
of patents on food and pharmaceutical goods and the restriction of process patents.
The Amendments of Patent Act of 1970 which are based on the recommendations of
the Ayyangar Committee report’ emphasised on its purpose that is to promote the
growth of the Indian pharmaceutical industry. Also to ensure that the Indian population
should have access to low-cost medicines. Following this, the Indian government had
set up the Pharmaceutical Labs to produce new medicines with the goal of developing
and improving domestic capability in pharmaceutical goods. These production units
were much required for the production of drugs such as penicillin (a group of antibiotics
used to treat a large range of bacterial infections). Indian labs were also struggling to
produce and manufacture raw materials like API that dictate the cost and quality of
production of medicines. The 1974 “Hathi Committee Report on Drugs and
Pharmaceuticals” had boosted the API (Active Pharmaceutical Ingredients)
development in India by proposing that imports of bulk drugs by domestic
manufacturers be discouraged; and required TNCs selling formulations in India to
start producing APIs in India within three years, which stimulated the growth of drug
production.
With the growth of research and development between 1970 and 1980 in India,
primarily in the “National Chemical Laboratory, Pune; the Central Drug Research
Institute, Lucknow; and the Regional Research Laboratory (later called the Indian
Institute of Chemical Technology), Hyderabad”enhanced the production of APIs.
The battle that began in the 1970s with the Hathi Committee Study, the Ayyangar
Committee Report, not only increased the API (Active Pharmaceutical Ingredient) but
also made India the top three market for generic drugs. It may be claimed that the
overwhelming number of medicines are still not covered by patents and thus would
not be impacted. However, the debate regarding AIDS medications indicates that
successful care for many diseases such as cancer, heart disease, and kidney
complications, among others, can be compromised. The current foreign direct
investment (FDI) policy was recommended to be amended by the union government
in the pharmaceutical sector in order to enable FDI up to 100 per cent under the
automatic route for the manufacture of medical devices subject to certain conditions.
In India, the pharmaceutical and pharmaceutical industries attracted a combined FDI
inflow of US$ 14.53 billion between April 2000 and December 2016, according to
data released by the Department of Industrial Policy and Promotion (DIPP). Also
budgetary allocations for the Union Ministry of Health and Family Welfare grew by
18.6 percent over five years (total health budget allocated to the Ministry for FY 2016
to 2020). The Ayushman Bharat Yojana launched in September 2018 aimed at providing
affordable healthcare to over 50 crore beneficiaries (about 40 percent of India’s
population). Major investment of India in International Pharmaceutical Market: 2017
onwards:-
� “India’s largest drug maker Sun Pharmaceutical Industries Limited has entered
into a distribution agreement with Japan’s Mitsubishi Tanabe Pharma
Corporation to market 14 prescription brands in Japan.
� Abbott Laboratories, a global drug maker based in US, plans to set up an
innovation and development center (I&D) in Mumbai, which will help in
developing new drug formulations, new indications, dosing, packaging and
other differentiated offerings for Abott’s global branded generics business.
� India’s third largest drug maker Lupin Limited plans to file its first bio-
similarEtanercept for approval in Japan, world’s second largest drug market,
in 2017.
� Cipla Limited plans to invest around Rs. 600 crore (US$ 90 million) to set up
a biosimilar manufacturing facility in South Africa for making affordable
cancer drugs and growing its presence in the market.
� Cipla Ltd, one of the major pharmaceutical and biotechnology companies in
India, has acquired two US-based generic drug makers, Inva Gen
Pharmaceuticals Inc. and Exelan Pharmaceuticals Inc., for US$ 550 million,
which is expected to strengthen Cipla’s US business.
� Affordable medicines under Pradhan Mantri Bhartiya Janaushadhi Pariyojana
(PMBJP) achieved record sales turnover of Rs. 52 crore (US$ 7.38 million)
in the month of April 20209.
� In May 2020, Jubilant Generics Ltd entered into a non-exclusive licencing
agreement with US-based Gilead Sciences Inc to manufacture and sell the
potential COVID-19 drug Remdesivir in 127 countries, including India.
� In October 2020, six generic drug makers—Dr. Reddy’s Laboratories, Zydus
Cadila, Glenmark Pharmaceuticals, Torrent Pharmaceuticals, Hetero Drugs
and Ackerman Pharma signed a deal with Hidalgo,a state in Mexico, to

establish a large pharmaceutical cluster for production and logistics in Mexico.
� In October 2020, Aurobindo Pharma acquired MViye S Pharma Ventures for
Rs. 274.22 crore (US$ 37.30 million).
� In November 2020, the Indian Institute of Technology (IIT) Bombay has
stepped up research and development (R&D) amid COVID-19 and researchers
are developing products such as a portable sterilisation device and germicidal
cabinet; wheeled sterilisation unit, especially for hospitals; portable and
rechargeable car sanitiser; eco-friendly sprays, and alcohol-free and bleach-
free sanitisers10.”
Agriculture and Patent

The question is whether IPR system is endangering or enhancing agricultural diversity.
This issue is important for current and potential food supply – but are becoming
highly widespread in the agricultural sector for a variety of reasons. IPRs are a valuable
way to increase income, important to the private sector, which rapidly controls all
facets of agriculture. Also the exponential growth of biotechnology and genetic
modification has enhanced the possible advantage of agricultural and hence this
showcase need of businesses to provide legitimate ways by IPRsto profit from this
potential. In addition, the international laws of World Trade Organization (WTO) and
Agreement on Trade-Related Intellectual Property Rights (TRIPS) have rendered
maximised use of IP requirements in agriculture and their related fields for all of its
Members to make IPRs to act as a vehicle to increase the potential of agriculture
throughout the world. It was noticed with the beginning of the 20th century, food
output has been increasingly monetized and rendering farmers worldwide more
dependent on input suppliers (such as pesticides, credit and machinery) to intermediaries
(for transport and processing) and buyers of agricultural products (retailers). Also the
important gears like what food is made, how and at what price it is sold, were being
verbalized by a handful of private corporations supplying agricultural products and
services without the consent of the farmers.
However, the scientific and technical developments of the early 20th century paved
the door for private firms to become big players in commercial seed markets. The
creation of hybrids was a major contributor to the incremental corporate domination
of seed breeding. Hybrids give farmers standardised crops (well matched to
mechanised, commercial agriculture) and sometimes higher yields. Essentially, since
hybrids only grow true hybrid crops once, a farmer who wishes to continue growing
these crops must purchase new seeds per year – thereby maintaining a reasonably
secure demand for commercial hybrid farmers. The seed industry is currently creating
new technology to restrict plant reproduction, the most controversial of which are
genetically engineered seeds to create sterile offspring or to reproduce only when
applied with a certain chemical. These innovations have not yet been mainstreamed,
and a significant portion of the industry’s activities are centred on fostering lawful
means, through intellectual property protection, of seed management. Farmers planting
proprietary seeds have no rights to the seeds they plant; they are merely licensees of
a patented commodity. When acquiring proprietary seeds, farmers are sometimes
obligated to sign contracts that promise not to save, re-seed or swap seeds. Patents is
limitingthe access to seeds and genetic capital for growers and breeders. It could also
make seeds more costly for small farmers due to royalty fees, stringent contracts and
accelerated commercialisation. Thus the self –reliant India needs to improvise the
system in the interest of the farmers. Although there has been much deliberation over
the position of the Intellectual Property Protection Scheme, especially the patent regime,
in promoting the country’s invention, technology and industrial growth. Intellectual
property security is intended to promote creativity by rewarding the author with
exclusive privileges over the commercial use of their innovations over a defined period
of time.
Conclusion & Suggestions
As per the facts shown above, IPR tugs a country’s economic development, whether
by expenditure or R&D. India and other developed countries are rightly searching at
avenues to lift the economic rejuvenation and the resulting upsurges in GDP, production,
and Individual incomes. Thus the mechanism like accessibility to resources and efficient
use of economic technologies, new methods to use, innovative forms of funding,
selling and delivering products and services to the market by way of IPRs has been
found to be the single but most influential force impacting the speed of a nation’s
modernization, growth and revenue progression. However, the growth of globalisation,
centred on a rules-based structure, may contribute to higher foreign investment in
developing countries. The International Economic Law such as TRIPs has adopted
rules by way of Patent, restricting technology transfers in cross-border transactions.
The dissemination of technology, believed to be essential for economic development,
has come up against the legal basis of IPRs in a modern global structure that has
otherwise been helpful in offering a globalization-supporting rule-based regime. Under
the auspices of the 2016- National IPR Strategy, the government is seeking to promote
an ecosystem where all that the industry generates is documented. This change would
make it easier to curb counterfeiting. It would minimise inter-departmental uncertainty
and exploit linkages by having the Department of Industrial Policy & Promotion the
single nodal agency on IPRs. Fostering creativity by maintaining and upholding IPR
rights would definitely help to maintain the required equilibrium in the IP system to
achieve much-needed economic development and change for the country like India.All
in all, this is an all-encompassing IPR strategy that focuses on fostering a comprehensive
and favourable environment to catalyse, thus maintaining the public interest, the
maximum capacity of intellectual property for the growth and socio-cultural
advancement of India. The government’s initiatives and suggestions laid out in the
National IPR Strategy would definitely improve India’s R&D. As a consequence of
this, the filing of applications is anticipated to rise profusely as well, we foresee
several rises in start-ups. If and when the National IPR Policy falls into full practise,
we assume that it has the ability to expand IP security to India further, as India is
bound to become a major player in the marketing and regulation of IPRs both from the
point of view of manufacturing and from the point of view of the broad customer
base it offers.
For the purpose of strengthening the self–reliant India, certain improvements have to
be incorporated into the IPR on the basis of following suggestions:
� There has always been a dispute between Sec.3(d) and Art. 27 of TRIPs.
India’s IPR system needs to take the provisions of TRIPs with liberal
interpretation instead of grave rigidity.
� As explained in above text with the help of committee’s reports the importance
of R&D and innovative technologies so there is a need to invest on the
establishment of units and science and technology (S&T) Parks.
� The legislation finds IP privileges to be private rights. The strategy aims to
encourage IPRs as financial assets that are marketable. The strategy finds IP
to be an economic weapon. Yet intellectual property is a legislative instrument
for the government. It should not be seen by the government simply as an
opportunity. When regulatory monopolies are provided to IP users, the
government has to include protections for the public interest. A social compact
between the state and community on the basis of the ramifications of the
intellectual property system for the production phase should direct policy
priorities and instruments. The state needs to inquire as a legislative instrument
if and what advantages companies will offer and what costs the programme
will mean for the Indian citizens. Innovators should be compensated or
supported by a social bargain, but not without asking what type of creativity
and access to innovation the unique incentive scheme provides. The reward
needs to be proportionate to the stage of growth and the nature of intellectual
property. Intellectual property, transparency, distribution and dissemination,
access to information and the public interest must be maximised.
� GI protection challenges include technicalities inherent with the certification
phase in several international nations, high costs incurred in appointing a
watchdog body to collect misappropriation records, and financial capital
required to pursue legal battles, etc. In order to allow this law more versatile
in this nature, there could also be a clause.
� The Indian pharmaceutical companies manufacturing generic medicines like
Cipla, Ranbaxy, are under scrutiny parameters due to failed inspections, lack
of compliance with good manufacturing practices, and other quality issues
for example Ranbaxy in 2014 faced criminal charges. So the laws in IPRs
should be made for quality check and assured drugs.
� India should offer priority to the sensible practices of resources which are
under scarcity, with a focus on quality, especially by better use of established
resources techniques. Contributing variables that hinder its efficacy must
also be discussed outside improvements in infrastructure. The Indian public

health sector, for example, is troubled by a high absence of workers, poor
effort by practitioners, and minimal utilisation by prospective recipients who
choose private alternatives.
� Small and medium-sized businesses are also mostly unaware of the IPR. The
essential parameters of IPR are not yet understood to many developers and
innovators. Knowledge can be circulated. A few that need to be discussed by
the government are lack of experience with modern technologies, finance
and incapacity to access them.
(Endnotes)
1. DV Gould and WC Gruben “The role of intellectual property rights in economic
growth” 48, JDE, 323-50 (1996).
2. Kunal Sen, Trade, FDI and Industrial Transformation in India, Research Workshop
‘Emerging Trends and Patterns of Trade and Investment in Asia’, 9th Global
Development Network Conference, Brisbane, Australia, 2008. Available on: https:/
/crawford.anu.edu.au/acde/events/past/tradeandinvestment/papers/Sen.pdf.
(Visited on January 23, 2021).
3. Ibid.
4. Peter Nunnenkamp “Intellectual property rights and foreign direct investment: A
disaggregated analysis” 140 RWE39–414 (2004).
5. Keith E. Maskus, Intellectual Property Rights and Foreign Direct Investment,
Policy Discussion Paper No. 0022, Centre for International Economic Studies,
University of Adelaide. Available on: https://www.iatp.org/sites/default/files/
Intellectual_Property_Rights_and_Foreign_Direc.htm. (Visited on February 2,
2020).
6. Albert G. Z. Hu and I. P. L. Png, “Patent Rights and Economic Growth: Evidence
from Cross-Country Panels of Manufacturing Industries” February 2009 Available
at: http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_econ_ge_5_10/
wipo_ip_econ_ge_5_10_ref_huandpng.pdf
7. Sudha Mysore, “Technology Commercialisation through Licensing” 20 JIPR 363
(2015).
8. Sudip Chaudhuri,“Intellectual Property Rights and Innovation: MNCs in
Pharmaceutical Industry in India after TRIPS” Institute for Studies in Industrial
Development working paper 170 Available on http://isid.org.in/pdf/WP170.pdf
(visited on April 2, 2017).
9. IBEF, Indian Pharmaceutical Industry; available on https://www.ibef.org/industry/
pharmaceutical-india.aspx. (visited on January 12, 2021).
10. IBEF, Indian Pharmaceutical Industry; available on https://www.ibef.org/industry/
pharmaceutical-india.aspx. (visited on January 12, 2021).
��
Utilising Artificial Intelligence and Big-Data in Courtrooms and Law Chambers 141
15
Utilising Artificial Intelligence and Big-
Data in Courtrooms and Law Chambers:
Indroducing the New Era of Legal Reforms
in India
Manini Syali Aaditya Vikram Sharma
PhD Research Scholar. Assistant Professor
USLLS, GGSIPU VIPS, GGSIPU
Abstract
The Corona Virus pandemic has resulted in drastic changes in how human beings have
been carrying out their day to day lives. These changes have emerged as the ‘new
normal’ and are here to stay in the long run. The only silver lining of the pandemic is
that it has introduced a large number of innovative practices, which holds true for the
legal practice as well as court room management. It is pertinent to note that electronic
court rooms, utilising big-data and Artificial Intelligence (AI) by lawyers and judges,
might be new for the Indian legal system but countries like China have become
excessively reliant upon technological innovations in the past couple of years. In the
year 2017 itself the first fully-digitalised court was established in the Chinese city of
Hangzhou. Apart from court rooms, AI and big-data can prove to be useful in multiple
other ways like fast and efficient legal research, legal drafting, undertaking due
diligence for Corporate Houses, rendering legal assistance by chat-bots, preparing
legal databases, conducting cross examination etc. The need of the hour, therefore, is
to inter-link the field of big-data and AI with law, and the same can be successfully
achieved with the help of all the players engaged in this profession, ranging from
policy makers, judges, government officials to law students, academicians and
advocates. The present paper would, thus, attempt to analyze the existing AI based
technologies and how they can introduce reforms in the legal sphere. Further, help of
numerous case studies and real-life examples would be taken to substantiate how the
various domains in the legal field are in need of the technological revolution.
Keywords: AI; Big-data; Intelligent courts; Due diligence; Law-bots.
Introduction
Artificial intelligence (AI) refers to a stream of computer based technology which
focuses upon building complex machineries holding the capacity to perform a wide
range of activities which can ordinarily be performed by utilising human intelligence
alone. The interesting point to note is that AI does not remain limited to the field of
computer science or engineering and has successfully emerged as an inter-disciplinary
subject based upon versatile approaches.1 Closely related to the concept of AI is the
notions attached to the word ‘Big Data’ which can be defined as large quantities of
data and information being generated from increasing use of internet and web
technology.2 It is pertinent to note that this concept started gaining popularity during
the 1990s, after having received a mention in the works of prominent computer scientist
John Mashey, in whose words it refers to ‘a technology comprising of huge sets of
data, which lie beyond the capacity and capturing scope of software being used
commonly’.3 According to another definition of the term, as given by NedimDadic
and Clare Stanier, the philosophy associated with Big-Data encompasses within its
ambit, structured and unstructured data both, but the primary emphasis remains on
unstructured form of data alone.4 Further, it is impossible to attribute a single source
to ‘big data’ since, it encompasses within it various origination points, ranging from
‘clicks’ by common internet users to data bases created by big corporate houses.5
Because of the opportunities it holds and the gateways it is capable of opening, it
will not be wrong to state that both AI and big data are closely connected to the
concept of AatmaNirbhar Bharat. Moreover, Union Minister R.S. Prasad also recently
opined that ‘Data’ is the key to give a boost to the digitalisation of economy as well as
leading India towards connecting its financial sphere with rest of the World.6 Further,
it is self-evident that with its population of 1.3 billion peple, India has the potential of
becoming the hub of big data.7 AI based technology can also be utilised in this regard
and holds the capacity to easily build a huge consumer base in the different streams of
the Indian economy. In contrast to this, indigenous technologies from India can also
assist economies of other nations and offer huge possibilities.8
Furthermore, it will not be wrong to state that from the purview of the AI revolution,
the Legal Profession and its various branches will also not remain untouched and
unaffected. The reason behind this is that the legal field suffers gravely from pendency
of cases before courts and also from dearth of quality legal professionals. Moreover,
even large scale law offices and firms having workforce with years of experience
remains overburdened. Big data in the present day holds a lot of opportunities for legal
service providers in terms of offering assistance in restructuring their entire business
models, thus, improving client feedback which will ultimately result in increased profits.
The most prominent field where AI and big data plays a critical role is case/project
management and preparation. Speaking in International terms, millions of suits are
filed in the various jurisdictions every year and the numbers are continuously rising.
Every case at hand demands information necessary for proving jurisdiction of the
court, legal interpretations to support the case, previous rulings to substantiate the
matter, assessment of evidence and many other things which can prove helpful for a
legal practitioner. Moreover, apart from introducing new changes in the entire course
of the life style of a customer, big data is also helping law firms in achieving efficiencies
in terms of time management and billing. Another use of AI is the help it offers in
developing a deep understanding of which matter will yield maximum profits and
which will not, as a result of which an attorney is able to predict the most profitable
client and develop a suitable pricing model. Big data is also being used strategically by
savvy firms for business development and marketing efforts. The better solutions
inform more targeted and effective marketing and customer relations strategies; this
enables overtaxed business development teams to focus on the most lucrative
opportunities. The present paper will attempt at highlighting the above discussed utilities
of AI and big data and will suggest how technology can be utilized in post-pandemic
recovery of the Indian economy and will contribute towards the idea of AtmaNirbhar
Bharat.
Traditional Legal Practice before the Advent of AI: Challenges and

Solutions
Despite existence of millions of legal practitioners in India, pendency of cases and
overburdened courts have always been a major setback the India legal system has
been facing. The major reason behind this is ‘lack of quality’ when it comes to legal
research, soft skills of the lawyers and mismanagement in preparing legal data bases.
It can, thus, rightly be stated that “traditional legal practice” presents multitude of
challenges before advocates, judges as well as clients. On a typical working day,
advocates have to engage themselves in multiple tedious tasks like contract review,
document review, legal research and analyzing growing volumes of data in e-discovery
etc. Advancement in Computer related technologies has brought some relief but the
need of the hour indeed is to introduce a far more sophisticated technology to speed
up the day-to-day chores of every advocate so that the entire justice delivery mechanism
gets positively benefitted.
In this regard AI infused supercomputers can ease the burden of a law chamber by
finding already decided similar cases to the case in hand so that the legal drafts contain
better legal authorities. This is especially useful in a Common Law jurisdiction like
India where heavy reliance is placed upon previous rulings, especially, that of higher
courts. A major AI software exclusively meant for conducting legal research is tech
giant IBM’s ROSS Intelligence, which requires input in the form of simplified keywords
to generate precise legal information.9 Another key feature of ROSS which can prove
to be highly useful for legal professionals is its Document Analyzer which merely
requires uploading readymade briefs, processing which it generates drafts containing
stronger and more substantial arguments.10 It is, however, pertinent to note that this
AI based legal software is about to shut down because of an ongoing law suit against
it, which has been costing the company heavily. The said case was filed by another
major player in legal research, namely, Thomson Reuters, claiming that ROSS was
built by infringing copyrights of its legal database West Law because substantial features
of the same have been stolen in developing ROSS.11 Legal battles and controversies
like this highlight the shortcomings attached with digitalizing a manual function of
lawyers like research. However, it will not be wrong to state that the benefits of AI
outweigh the limitations it brings. Moreover, healthy competition in the market of legal
research software has the capacity of ultimately improving the quality of legal drafting
and legal research.
AI based software in the present day are not limited to conducting legal research
alone; the technology has advanced to the extent that even the most prominent law
firms across the globe are using ‘legal chat-bots’ for the purpose of rendering legal
advice in petty matters to clients, without negligible human intervention.12 The term
chat-bot denotes an internet application which has the capacity to undertake conversation
using text messages with the user.13 Law-Bots are different from normal chat-bots in
the sense that they perform functions specific to a lawyer. Further, law firms have
also started increasingly using them on their website to make them more user friendly
and dispose of basic information to their clients more feasibly.14
A very important advantage of using such ‘law-bots’ is that clients are able to give
true and complete information related to the case in a more relaxed and comfortable
atmosphere because human agency is not involved. This point related to law-bots and
their utility in a law chamber can be better explained with the help of the first ever AI
powered chat tool Robot Attorney LISA (Legal Intelligence Support Assistant).15 The
functions of LISA are so advanced that it holds the capacity to negotiate deals between
two parties by analyzing the documents related to the case and then arriving at a
middle ground which the parties readily accept.16 Automio is another prominent law
bot and provides law firms with the flexibility to design their own robot-lawyer as per
the custom-made specifications entered by them. 17 Furthermore, in the world of
technology AI based software in the form of ‘Do Not Pay’ are also available which
helps clients in resolution of traffic fine related issues. The software claims that in
United Kingdom it has shown a success rate of 64% in cases where parking tickets
were the subject of dispute. It is without any doubt that software like these can prove
to be extremely beneficial for the Indian legal system as well wherein separate courts
are functioning for deciding cases involving violations of traffic rules, which are time
consuming and not very efficient. 18 The discussion on utility of AI for a lawyer’s
chamber would remain incomplete if examples of software capable of undertaking
due diligence proceedings are not discussed. In simplified terms, due diligence refers
to scrutiny of legal documents of corporates, undertaken prior to mergers, acquisitions
or entering into deals with other corporates. It is done by lawyers, specialised in this
domain. Regular due diligence proceedings done for the purpose of risk assessment is
very tedious and time consuming, and when done using AI powered online due
diligence engines, searching the relevant provisions of lengthy contracts along with
critical data in non-standard formats, like tables and forms, becomes very easy. Instead
of using a keyword search function, they identify provisions based on its previous
processing of similar provisions.19 Further, the technological assistance which AI
provides to lawyer’s has advanced to such an extent that for the purpose of preparing
legal drafts also law firms have started relying upon software. AI based drafting occurs
in the following stages: Drafting, Reviewing, Managing and lastly, Analyzing.20 In the
first stage, basic input data is received by the software which becomes the foundation
of an auto-generated application. After this, AI converts the initial level two-three
pages of claim into the first draft and the only thing required to be done from the
lawyer’s end is to add case specific examples, confidential details and extra figures
and numbers. Lastly, the lawyer bolsters and finalizes the petition by adding detailed
descriptions.21
Artificial Intelligence and its utility in Court Rooms

Usefulness of AI in Dispute Resolution can be better understood by taking the example
from China wherein a number of provinces are making their dispute resolution
mechanism automated. Lakhs of suits in China are being settled by internet-based
courts which are running without any human intervention. In fact, the petitioners are
also not required to appear before the court for the hearing. These courts are presided
over by non-human judges built using AI. Further, the first ever electronic court was
established in the Chinese city of Hangzhou, around three years back.22 Moreover,
activities of such platforms have also been recognized by the Supreme Court of China
by issuing a report in this regard. The entire e-dispute settlement process can be
bifurcated into the few steps namely, in the first stage, the petition is filed online using
digital platforms provided by the respective court. The second stage is that of initiation
of the trial and the same also takes place through a virtual medium.When the trial/
hearing is going on the modes of communication is also the web and no physical or in
person interaction is present at all. The last stage in the entire dispute settlement is
rendering of the decision and the same is also electronically delivered.23 It is, however,
important to note that the subject matter of cases being decided online in these Chinese
courts is limited to petty matters alone. For example: copyright infringement, e-
commerce liability claims, online trade disputes etc. and the system has not advanced
to the extent that complex legal issues, like criminal trials, decided online. However,
irrespective of the humble beginnings, it can be said that such initiatives have a lot of
potential for the future and will also prove to be useful especially for the Indian legal
setup which suffers from excessive workload. If official sources of the Chinese
government are to be believed, it takes only five minutes for filing and acceptance of
the petition, average duration of a hearing is merely 28 minutes and lastly, the entire
case can get disposed of in a span of 20 days alone.24
Further, the importance of shifting trials to online platforms has become even
more prominent in the light of the COVID19 era, since, social distancing related
protocols call for least amount of face-to-face human interaction. Other than making
dispute settlement a completely virtual process, AI is also proving to be a boon for

hearings and legal process taking place through offline mediums. One such example is
that of ‘Trial Recording’ services being provided by software which are slowly
substituting human agency in the form of court clerks. In total five provinces of
China, including Shanghai and Zhejiang, this technology is being utilized in court
rooms and is capable of automatically differentiating between the voices of judges,
plaintiffs, defendants and other litigation participants, and records the entire trial process
as synchronously as possible so that litigation participants can view the real-time
hearing transcript. Moreover, in the future it is expected that the AI Speech Recognition
System will expand to judicial meetings and judicial committee meetings.25
The most remarkable use of AI in the court rooms without any doubt is the
Sentencing Assistance being provided by technology which recommends the
appropriate sentence to be passed by the judge in the case at hand. The input data
received by such software is in the form of pattern of the facts, age of the accused,
criminal record of the accused and lastly, the damages which the complaint has incurred
because of the conduct of the accused.26
Increased use of Technology by the Law Enforcement and

Administrative Bodies
Other than the adjudicatory wing, executive branches of the government including
Police is also improving their modes of operation significantly with the help of artificially-
created thinking abilities. Investigating agencies in UK have been relying upon AI
since, 2017, for catching hold of suspects.27 Cameras equipped with facial recognition
technology are fixed in public places and keep recording the faces of passersby. The
captured images are then matched with individuals who have been held arrested in the
past or those released on bail. The next example is from Kerala, India where humanoid
robots are being deployed by the police force.28 The same has been named KP-Bot
and has been designated as a Sub-inspector.29 The KP-Bot has been assigned with few
duties like recognizing senior officers and greeting them; guiding civilians and assisting
them in reaching appropriate locations in the police headquarters. It is important tocollect
identity proofs from the visitors and issue them visitor’s Ids. It is crucial to provide in
depth information regarding police services, verbally as well as on screen information.
Lastly, it is also important to create a case file on complaint/petition as detailed by the
visitor. The domain of Immigration claim settlement has also not remained untouched
by AI and Canadian agencies in the year 2018 have launched two pilot projects that
make use of AI to grant temporary resident visa applications from countries like China
and India.30 The scheme has been initiated to investigate claims with greater efficiency
and has the capacity of assisting immigration officers to tackle the rapidly increasing
number of visa applicants from these countries. The Canadian government is also
considering collaborating with the private sector for rendering these services more
efficiently and for developing more pilot projects. Further, following are the factors
taken into account by AI based immigration approvals: Firstly, researching rules and
laws directly connected to the immigration claim; secondly, predicting the risks and
future possibilities associated with accepting the claim; lastly, doing a trend analysis.
Conclusion
Legal mechanism and justice dispensation process is usually seen with skepticism by
the common man. Common individuals usually refrain from approaching advocates
and courts even when their rights are being substantially impacted. The credibility of
the entire legal process, can therefore, be said to have negatively suffered by a number
of shortcomings. It is a well-known saying that justice delayed is justice denied and
this has ever since the early days of independence, been a major discrepancy affecting
the Indian legal system in particular. Despite creating number of posts in the lower
judiciary, this problem still remains a challenge, since, it is humanly impossible for
magistrates and civil judges to tackle the ever-increasing number of litigations without
technological assistance. The need of the hour, therefore, is to take inspiration from
the Chinese models of electronic dispute settlement which are factually proven to be
more time friendly as well as environment friendly, since, it is completely paper free.
Another lacuna of our law machinery is lack of awareness amongst the masses,
which can also be tackled with great efficiency by AI based technology. In fact, a
large number of web platforms in the United States of America are now providing
powerful tools to pro bono and legal aid advocates for providing critical legal information
and assistance directly to the public. People in need of free legal aid also get better
access to justice because of such facilities. Lawyers and legal professionals wanting
to achieve success on the career front must also boost the quality of services which
they render, using AI based tools which can greatly assist them in legal drafting, client
counselling, conducting due diligence proceedings, filing automated patent appeals
etc. Last but not the least, on the policy making and administrative front, the benefits
which AI and big data are providing deserve to be mentioned and India should aspire
to develop home grown technology, equipped with AI to become aatma-nirbhar in the
true sense of the term.
(Endnotes)
1. Harry Surden, “Artificial Intelligence and Law: An Overview” 35 GA. ST. U. L.
REV. 1305 (2019), available at https://scholar.law.colorado.edu/articles/1234
2. Jianqing Fan et al, “Challenges of Big Data Analysis” 1(2) Nat. Sci. Rev. 293
(2014)
3. Charles Snijders, “Big Data: Big gaps of knowledge in the field of Internet”
7 International Journal of Internet Science 1-5 (2012)
4. Ibid.
5. Gerard George, Martine Haas et al., “Big Data and Management” 57 (2) Editors
Academy of Management Journal 321-26 (2014).
6. ET Bureau, “Union Minister Ravi Shankar Prasad says artificial intelligence has
potential to generate development” Economic Times, Oct. 5, 2020.
7. Adveit Palepu, “Atmanirbhar Bharat Does Not Mean an Isolated India: Says
Ravishankar Prasad” available at: https://www.medianama.com/2020/11/223-
atmanirbhar-bharat-does-not-mean-an-isolated-india-rs-prasad/(Visited on
December 25, 2020).
8. Abhishek Singh, “Artificial intelligence solutions built in India can serve the world”,
available at: https://indianexpress.com/article/opinion/columns/artificial-intelligence-
r a i s e- 2 0 2 0 - s ummi t - i ndi a n- e conom6 0 8 # : ~ : t e x t = cour se % 2 0
in%20AI.,As%20AI%20works%20for%20digital%20inclusion%20i%20
India%2C%20it%2 0will,the%20I ndia n%2 0eco nom y%20by %202035.&text=
By%202025%2C%20data%20and%20AI,jobs%20to%20the%20Indian%
20economylast visited on Dec. 20, 2020).
9. Rob Toews, “AI will Transform the Field of Law”, Dec. 19, 2019, available at:
https://www.forbes.com/profile/ross-intelligence/?sh=27cafd231e85 (last visited
on Dec.10, 2020).
10. Jamie J Baker, “A Legal Research Odyssey: Artificial Intelligence as Disruptor”
110 Law Library Journal 7 (2018).
11. Lyle Moran, “ROSS Intelligence will shut down amid lawsuit from Thomson
Reuters”, available at: https://www.abajournal.com/news/article/ross-intelligence-
to-shut-down amid-thomson-reuters-lawsuit (Last Visited on December 10, 2020).
12. Vibhu Dhariwal, “Legal AI Chatbot : Benefits for Law Firms”, available at: https:/
/www.makerobos.com/topic/ask-an-expert/legal-ai-chatbot-benefits-for-lawyers-
and-law firms (last visited on January 21, 2021).
13. “Why and How to Create a Law Chatbot”, available at: https://
www.lexisnexis.comcommunity/lexis-legal-advantage/b/trends/posts/why-and-
how-to create-a-law-firm-chatbot (last visited on January 21, 2021).
14. Ibid.
15. Claudia King, “5 Lawyer Bots You Can Try Now “, available at: ttps://autom.io/
blog/5-lawyer-bots-you-can-try-now (last visited on December 10, 2020).
16. Ibid.
17. Ibid.
18. Paul Sawers, “Do Not Pay’s legal bots help consumers fight the system during
lockdown”, available at : https://venturebeat.com/2020/06/23/donotpays-legal-bots-
help-consumers fight-the-system-during-lockdown/ (Visited on: December 14,
2020).
19. “How Today’s Legal Professionals Are Using AI for Due Diligence”, available at:
https://imanage.com/blog/due-diligence-with ai/#:~:text/(Visited on December 20,
2020).
20. Frank Ready, “AI’s Drafting Accuracy Makes Strides, but Lawyers Want a More
Personalized Voice”, available at: https://www.law.com/legaltechnews/2020/05/
04/ais-drafting-accuracy-makes-strides-but-lawyer-want-a-more-personalized-
voice/?slreturn=20210021090750 (Visited on January 21, 2021).
21. Caroline Day, Joanne Addison et al, “UK: Drafting Patent Application with AI”,
available at: https://www.mondaq.com/uk/patent/855774/drafting-patent-
applications-for-ai (Visited on December 16, 2020).
22. “China introduces new digital courts: Artificial-intelligence judges deliver verdicts
via chat app” The Indian Express, Dec. 6, 2019.
23. Ibid.
24. Giesela Ruehl, “China’s innovative Internet Courts and their use of block-chain
back edevidence”, available at : https://conflictoflaws.net/2019/chinas-innovative-
internetcourts-and-their-use-of-blockchain-backed-evidence/ (Visited on December
25, 2020).
25. Peter Suciu, “AI in the Courts: The Jury is Out”, available at: https:/
www.technewsworld.com/story/86521.html (Visited on December 25, 2020).
26. Jason Tashea, “Courts Are Using AI to Sentence Criminals.”, available at: https://
www.wired.com/2017/04/courts-using-ai-sentence-criminals-must-stop-now/
(Visited on January, 21, 2021).
27. Lucas Introna and Helen Nissenbaum, “Facial Recognition A Survey of Policies
and Implementation Issues” Lancaster University Working Paper 2010/30, available
at: https://eprints.lancs.ac.uk/id/eprint/49012/1/Document.pdf (Visited on
December 26, 2020).
28. Id.
29. PS Gopal krishna Unnithan, “India’s first Robo Cop: Kerala Police inducts robot,
gives it SI rank”, available at:https://www.indiatoday.in/trending-news/story/india-
first-robocop kerala-police-inducts-robot-gives-si-rank-1460371-2019-02-20
30. Alexandra Miekus, “Canada’s AI advantage: open immigration policies”, available
at: https://www.cicnews.com/2020/07/canadas-ai-advantage-open-immigration-
policies 0715147.html#gs.pghevv (Visited on December 24, 2020).
��
16
Convention on Rights of Child: Review in

the Light of the Indian Chapter
Aarushi Agarwal
Assistant Professor
Department of Law
Maharaja Agrasen Institute of Management Studies
Abstract
The present paper highlights the global concern for the need for ensuring and protecting
child rights. It provides a brief account of various instruments adopted by international
community for safeguarding the interests of children. It further outlines the broad
framework and underlying principles of the United Nation Convention on the Rights
of the Child, 1989. In this paper, through comprehension of the wide gamut of socio-
economic-political and other child rights guaranteed under various articles of the
Convention, an assessment of responsibility of state party ratifying this Convention
has been made. This article in particular throws light on India’s perseverance in
meeting its commitments under the Convention through an appraisal of its initiatives
towards realization of child rights. Further, through the study of these initiatives an
attempt has been made to highlight the significance of ensuring basic rights of child
enshrined in the Convention in the realization of the golden vision of self reliant
Bharat.
Keywords: Child Rights, AatmNirbhar Bharat, Non-Discrimination, Girl Child,
Convention on Rights of Child.
Introduction
One of the most valuable assets for any nation is its children. The prospective growth
of any country is significantly dependent upon its investment towards the development
and welfare of its children. Mr. Nelson Mandela once observed: “Our Children are the
rock on which our future will be built, our greatest asset as a Nation. They will be the
leaders of our country, the creators of our national wealth who care for and protect
Convention on Rights of Child... 151
our people.”1 The idea underpinning the above observation casts a non-delegable and
imperative duty on all nations to ensure protection & welfare of its children. It is
globally accepted that children due to their exceptional vulnerability are susceptible to
all forms of exploitations and abuses. In statistical terms, as per the recent report of
WHO, “one billion children – or one out of two children worldwide-suffer some form
of violence each year”.2 Protection of children against exploitation, therefore, constitutes
crucial facet of multifarious issues concerning children. Further, the impact of factors
like poverty, illiteracy, broken homes, criminality within the family, social environment,
child negligence, discrimination against girl child, urbanization, industrialization etc.
on the harmonious growth of the child are pertinently significant.
The challenge for each nation today is to develop an understanding on the various
socio economic and other child centric issues and to adopt strategic, innovative and
effective means to address these concerns at the earliest so as to safeguard and protect
the interest of children, in particular, and the nation is general.
Historically speaking, ever since independence, in India the needs and rights of its
young population has always been a matter of great concern. With the ratification of
the Convention on Rights of the Child, 1989 in the year 1992, the India’s efforts to
address violation of child rights were molded with global vision, systematic direction
and international cooperation. Presently, India’s arduous task of meeting its obligations
under the Convention for realization of child rights has assumed paramount importance
in the light of its new vision of “Self-Reliant Bharat”. The idea of self reliant Bharat,
proffered by Indian government in response to its strategy to fight against covid-19
pandemic, is indicative of goal of self sufficiency and self sustenance. It is equally
applicable to all spheres, all segments and all regions of the country. India as a nation
is expected to become AatmNirbhar; it is expected to strengthen, develop and place
reliance on its own resources and powers rather than depending on outside sources.
This invariably requires strengthening of production capacities; building infrastructural
facilities; research, innovation and technological advancement; and development of its
human resource. It is noteworthy that with the idea of human resource development
placed at the heart of this movement of self reliance, then certainly the development of
children and protection of their rights constitutes the cornerstone of AatmNirbhar
Bharat.
In this backdrop, the present paper makes an attempt to study India’s efforts in
meeting its international commitment for protection of child rights to ascertain how
these efforts subserve India’s vision of “AatmNirbhar Bharat”.
International Perspective on Rights of Child
The global concern for the rights of the child found its expression in the various
international conventions, treaties, declaration etc. A few international instruments
and their explicit purposes aligned to recognition and enforcement of child rights,
welfare and protection are highlighted below. At the foremost the Geneva Declaration
of Rights of the Child, 1924 is commemorative of world’s recognition of duties of
nations towards children to provide; means for development; protection against
exploitation; growth with social consciousness and ensures priority of relief in situation
of distress.3 These five primary declarations asserting child rights, adopted by the
League of Nation on September 26, 1924 resulted in a strong foundation for the
prospective struggle for child rights.
Further, the Universal Declaration of Human Rights, 1948, famously known as
magna carta of basic human rights, while enumerating other rights, specifically accords
right of special care and assistance to childhood. In unequivocal terms it also guarantees
equal social protection to all children, thereby recognizing the need for protection of
children from the social evils of stigmatization or social isolation on account of
illegitimacy or being born out of wedlock.4 Another significant paradigm of international
commitment towards child rights came in the year 1959, in the form of Declaration of
Rights of the Child. It lucidly and elaborately brings forth the various socio-economic
rights of children including educational, developmental, non-discrimination and various
protective rights. One of the most notable contributions of this declaration lies in the
recognition of need and entitlement of special treatment, education and care to children
with special needs.5 The said proclamation goes a long way lending support to the goal
of inclusive education for all children. It is also noteworthy to mention that both the
international covenants of 1966 on Civil and Political Rights as well as on Economic,
Social & Cultural Rights draws attention towards welfare of Children6 with due
recognition of the responsibility of the family for the care and education of dependent
children.7 The international commitment towards children and their rights can be said
to have received new dimensionwith the adoption of the United Nations Standard
Minimum Rules for Administration of Juvenile Justice (“Beijing Rules”), emphatically
proclaiming the rights of juveniles in conflict with law. Following these historical
developments in the international arena aneed was felt to draft a more comprehensive
and stringent Convention to provide guidance to the national and international efforts
in this segment. The much felt need ultimately lead to adoption of Convention on the
Rights of the Child, 1989 (herein after refereed as CRC) by the UN General assembly
on November 20, 1989.
CRC: Salient Features & Framework
The Convention is a progressive step which reflects a paradigm shift in the international
approach towards children from the concept of “Welfare of the Child” to the “Rights
of the Child”. The culmination of all international efforts towards recognition of child
rights is artistically reflected in all the provisions of the Convention on the Rights of
the Child, 1989.8 The present Convention is a most widely ratified convention with
196 signatory States. These are primarily international standards and measures to
protect interest of children and promote their well being.9 The said convention recognizes
every indispensable right that should be ensured to the child by all nations without
discrimination of any form. It duly emphasizes on the fundamental role of the family
in the growth and well-being of the child. It recognizes that a loving, harmonious, and
happy family environment is critical to the overall development of the child. It insists
that the family should be provided with all the necessary means required for the
fulfilment of its responsibilities towards the child.10 The Convention consists of 54

Articles and is divided into three main parts. A brief outline of the salient features of
the convention is discussed herein below.
Definition of Child: At the outset the Convention provides a uniform definition of
“Child”, and regards every human being who is below 18 years of age as “Child” and
entitled to rights and privileges provided for under the Convention. However, in case
where the law to which any child is subject to provides that majority is attained at
earlier age, in that event that age will be the determining criterion.11
General Principles: The two prominent principles underlying the entire fabric and
defining the spirit of every single provision of the Convention are: (i) the principle of
best interest of the child which shall form the basis of all the decision making processes,
policies, legislative and other measures concerning children;12 and (ii) the principle of
Non Discrimination, which mandates that without discrimination on basis of race,
color, ethnicity, religion, gender etc, every child shall be ensured benefits of the rights
under the Convention.13
Rights Guaranteed: The Convention draws attention of the world towards the
need to protect and secure various civil, political, social, economic and cultural rights
of every child. The Rights of the Child guaranteed under the Convention are enumerated
in Part I of Convention and spelt over 41 Articles. These rights can be broadly classified
and studied under the heads namely, Rights relating to Survival, Protection, Development
and Participation.14 (Discussed in detail in the subsequent part of the paper).
General Measures of Implementation: The general and foremost expectation
of the Convention from the parties ratifying the Convention is primarily twofold:-
firstly, it enjoins upon every State Party with the responsibility to carry out all appropriate
measures including legislative, administrative etc. for ensuring and enforcing rights of
the child; and secondly, it calls upon each member state to create maximum awareness
about the rights and provisions of the Conventions by active means. Such awareness
programs act as a catalyst for realization of guaranteed rights.15 The most extraordinary
provision relating to enforcement mechanism under the Convention is traceable to the
constitution of the Committee, known as “Committee on the Rights of the Child”,
including 18 members16 elected by State Parties for the term of four years. The sole
purpose of the committee is to overall supervise the implementation of the Convention
by the State Parties.17 With due regard to above purpose, the State Parties are required
to prepare and submit a five yearly report on the steps undertaken by them for effective
enforcement of the provisions of the convention, to the aforesaid Committee. This
Committee has been conferred few powers for successful discharge of its functions
including power to seek expert opinion/advice from specialized agencies like UN
Children’s Fund on the implementation of the Convention. The Committee is empowered
to recommend & request for studies to be undertaken on issues relating to the Rights
of Child. The Committee is entitled to perform advisory role vis-a-vis State Parties in
as much as they can exercise power to make suggestions on the basis of reports
received by it, for securing due implementation of the Convention.18 The efficacy of
this committee is largely compromised in the absence of any stringent sanction

mechanisms.
India’s Initiatives: Pathway to Self-Reliant Bharat
India ratified CRC in the year 1992 and committed itself for ensuring all social, civil,
economic and cultural rights provided therein to all children of the nation. However,
India as a nation has never been oblivious to the gravity of matters relating to children
concerns and problems. In fact the Constitution of India, in Part III, guarantees right
to life and right against exploitation to all persons including children. Apart, from this
the State has been enabled to make special provisions for children.19 Under this enabling
provision catena of legislative measures has been undertaken by government of India,
for appeasing the cause of children. Also, in Part IV of the Constitution, the State is
obligated to direct its policies to ensure protection against abuse and to provide for
opportunity to development of children.20
In present scenario when whole world in fighting covid pandemic, Indian
Government has unequivocally asserted its mission of self reliant Bharat. The contour
of this mission is certainly not only restricted to the strategies adopted to combat
pandemic situation, but it extends far beyond and permeates in all future goals, planning
and actions on part of India. Apparently, investment in human resource and particularly
children and their growth continues to constitute a firm ground for its attainment.
Unless, the young population is healthy, educated, protected against exploitation and
enjoys primal freedoms, the attainment of such mission would remain to be a
far-fetched dream.
Thus a study of various legislative and other measures undertaken by India for
ensuring basic rights of non-discrimination, survival, development, protection and
participation enshrined in the Convention with the purpose of appreciating the need
and ascertaining further measures in this direction aligned with the goal of self reliance
becomes imperative.
Right to Non Discrimination: The fundamental and all pervasive policy of non
discrimination enshrined in the Convention is manifestly outlined in Right to Equality
guaranteed under Article 14 of the Constitution to all persons. However, phenomenon
of discrimination and denial of the basic rights of survival, health, nutrition, education
and over all development to girl child is not uncommon. In order to efficiently address
issues relating to girl child, a dedicated Department under the Ministry of Human
Resource Development was established in India in the year 1985 which was later in
2006 upgraded to the Ministry of Women and Child Development.21 In 1993, India
ratified the Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW) to reinforce its commitment to combat discrimination against girl child.
Since 2008, every year on 24 January, India celebrates National Girl Child Day, as a
means to create mass awareness regarding the systematic discrimination against girl
child and the means to combat the same.22 Other ameliorative measures in practice
today include implementation of various schemes such as Beti Bacho Beti Padhao,
Sukanya Samridhi Yojna etc. to safeguard the well-being and rights of girl child in
India.
In terms of above measures though some notable progress is visible in this sphere,
still the situation in various cities of the nation continues to highlight a distressing
picture. As per the recent status report of January, 2020 of RTE Forum and Centre for
Budget Policy Studies in association with World Bank and UNICEF, it has been shown
that more than 30% of Indian girl child have never set foot inside the classroom.23 It
is further not surprising to note that most of those enrolled tend to drop out before
completion of elementary education due to early marriages, or to perform household
chores etc.
This fight against discrimination needs be reviewed and reshaped in the light of
mission of self reliance through greater focus on provision of quality of education
opportunities to girl child. The State needs to develop its public educational facilities
throughout the country to ensure elementary education to all free of cost. Education
of girl child in India is a strong tool not only to fight against discrimination but enables
the women to develop skill set and become self dependent.
Right to Survival: The Convention recognizes every child’s inherent Right to Life.
The Convention also validates the right of child to enjoy highest attainable standards of
health and requires provision for timely medical facilities. This entail the state parties
to adopt adequate measures to reduce infant and child mortality rate; to strive against
diseases and combat malnutrition; to establish robust primary health care system and
to ensure medical facilities for all children.
In India as per 2011 census, nearly 44 out of 1000 babies born alive died within the
first year of their life. However, by 2018 as per data released by Registrar General of
India, this number has reduced to 32.24 The reduction in Infant Mortality Rates (IMR)
is an indicator of improvised medical facilities and primary health care system in India
with a record success of Integrated Child Development Services program operating
in this direction through a large network of Anganwadi workers.25 In India, female
IMR continues to be higher than the male IMR although conditions like non availability
of medical facilities or natural factors affect both male and female child equally. This
brings to light the chronic issue of female feticide in India. The above menace is
accentuated by prenatal determination of sex and female feticide, therefore the Indian
government has enacted the Prenatal Diagnostic Techniques (Regulation and Prevention
of Misuse) Act 1994 which penalizes sex determination. The Act has been stringently
enforced in India since 2003.26 Since 1993 till 2017, the National Health Policies have
accorded due priority to the programs for improvement of maternal and child health.
Despite above measures it is worth noting that in the year 2017, approximately 8
lakh infants died in India due to lack of nutrition, medical facilities etc., as per the
report of UNIGME.27 The situation has further deteriorated with the country fighting
Covid-19 pandemic with its already overburdened health care system. In such a
situation, the Indian vision of self reliance makes way for India’s need to become self
sufficient by ensuring right to health for all and particularly children through a robust
public and primary health care system. This invariably calls for legislative measures in
the form of a central law of right to health. Also, it calls for intensive investment in
development and promotion of generic medicines.
Right to Development: The overall development of a child is dependent upon
multiple factors like family environment, family income, upbringing, emotional securities;
however, education plays a vital role in the growth and development of any child. The
Convention also recognizes Right to Education and requires state parties to make
provision for free and compulsory primary education for all; to encourage vocational
education and to take measures to reduce dropout rates. 28 The Constitution (86th
Amendment) Act, 2002 can be seen as the milestone in the India’s struggle for child
rights. It is through this amendment, right to education of children of the age of 6 to
14 years was made a fundamental right in India. Pursuant to this amendment, the
Parliament enacted the Right of Children to Free and Compulsory Education Act,
2009 that provides for every child of the ages 6 to 14 years the right to free and
compulsory education in a neighbourhood school till the completion of his/her
elementary education.29 The young population who are seen as driving forces behind
India’s socio-economic development can successfully undertake this responsibility, if
universal education reaches to all.30 Therefore, it is in the interest of the country as a
whole to enforce the RTE Act, 2009 in letter and spirit. In this regard, the National
Education Policy, 2020 with progressive provisions for development of research,
ensuring quality education and promotion of vocational education can be seen as a
model attempt towards attainment of twin goal of realization of right to education and
self reliance.
Right to Protection: The Convention specifically guarantees protection to child
against all form of exploitations and abuses including economic, sexual and cruel,
inhuman and degrading treatment. Any form of physical and mental violence against
the child cannot be tolerated. Under the ambit of protection against economic
exploitation, the Convention casts a very broad net of safeguard and protects the child
against any form of employment which is not only hazardous but which interferes
with his/ her education, health or development.31 The convention further requires the
state parties to protect the child from all forms of sexual exploitation and sexual abuse
including, abduction of, the sale of, trafficking children for any purpose or in any
form.32 The Convention recognizes that a child should be protected against torture or
other cruel inhuman treatment or punishment.33 Additionally, his right to be treated
with humanity with due regard to human dignity and right to legal assistance has been
ensured under the Convention. The Convention advocates appropriate measures for
social integration of a child victim of neglect, torture, exploitation etc.34
In Indian scenario, so far as protection against human trafficking, begar, forced
labour or employment of children below age of 14 years in factory/ mines or hazardous
employment are concerned, there are ample constitutional and legislative safeguards.
The constitutional guarantees to protection against above form of economic exploitation
find expression in Article 23, 24, 39(e) and 39(f). The Parliament enacted the Child
Labour (Prohibition and Regulation) Act, 1986 which completely prohibited the
employment of children in specific occupations and processes and lays deterrent
punishments for violators. However, India did not abolish child labor completely. It is
worth noting that while introducing the Article against exploitation in the Indian
Constitution, Shri. K. M. Munshi’s drafted article suggested abolition of all forms of
slavery, child labour, traffic in human beings and compulsory labour.35 Heading towards
prohibition of child labour, the much awaited amendment36 to the aforesaid law came
into operation in 2016. The said amendment was notified on September 1, 201637, and
it children below the age of 14 years from employment in any occupation and process.
However, the prohibition for children between the age of 14 to 18 years is only from
employment in hazardous occupation or processes.38 The Indian Penal Code, 1860
through various provisions such as offence of rape, unnatural practices, molestation
and outraging the modesty of women deals with the issue of sexual abuse of children.
The Immoral Traffic (Prevention) Act, 1956 (ITPA) (earlier “Suppression of Immoral
Traffic in Women and Girls Act”), prohibits prostitution in its commercialized form.
Further, the Act prescribes rigorous punishments against those pushing children below
16 years for the purpose of prostitution. The government has established protective
homes under Section 21 of the ITPA for females detained/rescued under the Act. The
Government of India has also passed the Protection of Children from Sexual Offences
Act, 2012 for addressing the issue of sexual offences such as sexual assault, sexual
harassment and pornography against children.
In conformity with the provisions of the Conventions and the norms laid down in
the Beijing Rules’, the Juvenile Justice (Care and Protection of Children) Act, 2000
has been enacted by the Government of India. This law has a child centric and provides
for proper care, protection and for ultimate rehabilitation of children in need of care
and protection. It is the most comprehensive legislation for juveniles introducing new
child friendly approach in juvenile justice administration mechanism in India. Providing
for measures like separate provisions for bothneglected and delinquent juvenile; trial
by Juvenile Justice Board including member having special knowledge in child
psychology; and setting observation homes and special homes for such children with
facilities for shelter, food etc. the aforesaid legislation makes a significant improvement
over the system previously in place in India. Most importantly, the Act embarks upon
the accountability of the state authorities for ensuring due treatment, care and protection
of children in their custody and control based on the doctrine of parents patraie.
Right to Participation: The Convention provides for the right of the child to
express his views freely in all the matters concerning him and it further recognizes
that his views to be given due consideration in accordance with age and maturity.39 In
India, freedom of speech and expression is a fundamental right, available to every
person including children. However, the concept of participatory rights of children
can be seen to be still evolving in India. It is still at its nascent stage at present.
Conclusion
In present times, protection of child rights, makes its position on the priority list of
almost all nations. The never ending international initiatives such as the World Summit
for Children (1990), Convention on the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, the Optional Protocols to the
Convention on the Rights of the Child, target 16.2 of 2030 Agenda for Sustainable
Development40 to end abuse, exploitation, trafficking and all forms of violence against
and torture of children are stimulators and gentle reminders to the world of its inescapable
responsibility in the direction of enforcement of child rights. In the context of India in
particular, it is reiterated that access to health and educational facilities are the most
basic requirements for the development of the child. However, in India still a large
section of children population is out of school, not receiving primary medical assistance,
suffering on account of exploitation or neglect.
This situation calls for most urgent attention in view of India’s strategy of self
reliance. It is strongly suggested that realization of child rights is a necessary
concomitant to India’s vision and goal of “AatmNirbhar Bharat”. The strategic sustainable
investment in growth & development of children of the country is the key to India’s
renewed goal of self reliance. The responsibility of attaining AatmNirbhar Bharat can
be confidently vested only in the hands of educated and healthy youth who is secured
against all forms of exploitation and abuse. Therefore, the society and the state need
work together for attainment of such pressing aforesaid goals. One remarkable example
of such cooperation is the inclusion of provision of reservation of 25% of the seats at
entry level for children belonging to economically weaker section in all private schools
under the RTE Act, 2009.41 Similarly, the corporate houses can play a very vital role in
this regard; by undertaking measures in the arena of health and education as part of
their mandatory Corporate Social Responsibility (CSR) obligations under law. Lastly,
the role of judiciary cannot be ignored in this regard. The judiciary has been playing a
crucial role in sensitizing on child rights and in activating the provisions of the
Conventions. Further, the progressive steps on part of Indian Government like
ratification of ILO Conventions on “Worst form of Child Labour” and “Minimum age
to Employment”; and approval of New Education Policy 2020; rekindles and reaffirms
the faith of Indian population towards its potentials on successful accomplishments
of its twin goal of realization of child rights and self-reliance.
(Endnotes)
1. Nelson Mandela, speech, Dedication of Qunu and Nkalane Schools (Eastern Cape
Province, June 3, 1995).
2. World Health Organization, “Global Status Report on Preventing Violence against
Children” 8 (Department of Social Determinants of Health, 2020).
3. League of Nations, Declaration of Geneva (September 26, 1924).
4. N General Assembly, Universal Declaration of Human Rights, 217A(III) (December
10, 1948), art. 25.
5. UN General Assembly, Declaration of the Rights of the Child, A/RES/1386(XIV)

(November 20, 1959) , principle 5.
6. International Covenant on Civil and Political Rights, art. 24.
7. International Covenant on Economic, Social and Cultural Rights, art. 10(I).
8. Gulab Gupta, Human rights and Fundamental Freedoms in India 195 (M.P. Human
Rights Commission, Bhopal 2002).
9. Giriraj Shah and K.N. Gupta, Human Rights: Free and Equal (Anmol Publications,
2001).
10. UN General Assembly, Convention on the Rights of the Child , United Nations,
Treaty Series, Vol. 1577 (November 20, 1989), preamble.
11. Convention on the Rights of the Child, 1989, art. 1.
12. Id., Art. 3.
13. Id., Art. 2.
14. Mamta Rao, Law Relating to Women and Children 534 (Eastern Book Company,
Lucknow, 2012).
15. Supranote 13, art 42.
16. List of names of member representatives, available at: https://www.ohchr.org/
EN/HRBodies/CRC/Pages/Membership.aspx (last visited on September 26, 2020).
17. Supra note 15, art. 43.
18. Supra note 17, art. 45.
19. The Constitution of India, art 15(4).
20. Id. arts. 39(e), 39(f).
21. Government of India, “India First Periodic Report” (Department of Women &
Child Development, 2001), p 61.
22. Government of India, “India: Third and Fourth Combined Periodic Report on the
Convention on Rights of the Child”(Department of Women & Child Development,
2011).
23. Manas Pratim Gohain, “40% of girls aged 15-18 not attending school”, Times of
India, January 25, 2020, available at http://timesofindia.indiatimes.com/
articleshow/73598999.cms?utm_ source= contentofinterest&utm_medium
=text&utm_campaign=cppst (last visited on November 10, 2020).
24. India’s Infant Mortality at 32 per 1,000 Live Births, Kerala in Single Digits”, The
Wire, May 10, 2020available at: https://thewire.in/health/india-infant-mortality-
rate (last visited on October 10, 2020).
25. Government of India, “India: Third and Fourth Combined Periodic Report on the
Convention on Rights of the Child” 2011(Department of Women and Child
Development, Ministry of Human Resource Development).
26. Anita Bhaktwani,” The PC-PNDT act in a nutshell”, vol. 22 Indian J Radiol
Imaging pp. 133–134 (2012).
27. 802,000 infants died in India last year, says UN report, The Mint, September 18,
2018, available at: https://www.livemint.com/Politics/JPG 2HLO MGrJW2
oxTYfog0K/802000-infants-died-in-India-last-year-says-UN-report.html (last
visited on January 20, 2021).
29. The Right of Children to Free and Compulsory Education Act, 2009, sec.3.
30. “Padhega India, TohBadhega India”, The India CSR Network, November 13,
2017, available at: https://indiacsr.in/padhega-india-toh-badhega-india/
32. Id. arts. 34, 35.
33. Id. art. 37.
34. Id. art. 40.
35. B. Shiva Rao (Ed.), The Framing of the Indian Constitution: A Study, 243 (Indian
Institute of Public Administration, New Delhi, 1968).
36. Child Labour (Prohibition and Regulation) Amendment Act, 2016.
37. Government of India, Notification (Ministry of Labour and Employment, September
1, 2016).
38. Supra note 34, secs. 5, 6.
40. UN General Assembly, 2030 Agenda for Sustainable Development, A/RES/71/
313 ( July 6, 2017.
41. The Right of Children to Free and Compulsory Education Act, 2009, sec.12.
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An Analytical Study of the Role and Applications of Artificial Intelligence... 161
17
An Analytical Study of the Role and

Applications of Artificial Intelligence in
Cyber World
Pallabi Paul
Student at Department of Law
Assam University
Sinchar, Assam
Abstract
With the advance in the field of Science and Technology, criminal-minded people use
cyberspace to commit crimes and gain profits wrongfully, and nowadays it’s a common
issue in almost every nation, hence to combat this situation and there is a requirement
of much sophisticated and developed technology to ensure cybersecurity which can’t
be possible only with human intervention. Hence, now the role of Artificial Intelligence
has developed so much that it becomes impossible to think a modern life without the
use of Artificial Intelligence (AI). In this Research Paper, the author has shed light on
the pros and cons of Artificial Intelligence, and the growing threat of Artificial
Intelligence, and how it is used by cybercriminals to commit crimes. Furthermore, the
author has attempted to highlight how AI helps in defense and offense for any
governmental or private organizations. Furthermore, the author has attempted to cite
the social impact of Artificial Intelligence. Here, the author has made a discussion
with regard to the main issue in the area of cybersecurity and the utilization of AI and
initiated to find various types of criminological risks with regard to active
implementation of AI. By a different inquiry, the author examined the issues of bringing
to duty and pay for harm brought about by AI. It has become a major danger for
governments, banks, global organizations through online assaults by programmers.
Part of individual and hierarchical information is abused by programmers and it
turns into a major danger to the digital world. In this association, research in the
territory of AI and network safety has gained more significance in the ongoing occasions
and it is consistently enduring likewise, as it is a dynamic and touchy issue connected
to human existence.
Keywords: Artificial Intelligence, Cyber Crime, Information Technology, Cyber
Security.
Introduction
As we all know, human beings are the most intelligent creatures among all others, and
with the intelligence of man, science and technology has developed to such an extent
in the 21st century, that the use of Artificial Intelligence has been applied in various
fields either in IT Sectors, banking sector for works related to the customers, finance
sector like in the production of stock markets administration, education, etc. It will
not be exaggerated if we say that men are using AI either knowingly or without
knowledge every day. But on the other hand, the rapid use of the internet has posed a
question of cybersecurity, which is an important aspect in the area of information
technology. Thus, the first word that comes to mind after hearing cybersecurity is
‘cybercrimes’. On one side, the internet has become an indispensable part of everyday
life for making lives easy but it has become the widest challenge for anyone to ensure
that all our data or information, intellectual properties, documents on the net are safe.1
Although the Government has already taken several security measures to prevent
cybercrimes, however, cybercrime rate is indeed increasing rapidly and it is one of the
serious issues in almost every developing nation. However, the cybercriminals or
criminal-minded people are used to finding vulnerabilities in the field of cyberspace so
that they can commit cybercrime/attack by using Artificial Intelligence Technology,
thus traditional crimes like theft, stalking, and many more have taken the shape to
commit a crime in cyberspace, to ensure safety from cyberattack, all the members in
an organization should have strong functionary of cybersecurity. As human intervention
is not adequate to eradicate cybercrimes, there is a requirement of a strong device
using the application of AI to detect threats of cyber-attacks in the technologies
including internet banking, cloud computing, mobile computing, electronic and mobile
commerce also need cybersecurity. In such situations, the use of technology is required
to monitor lizard the integrity of networks, stored data, programs, etc.2
Artificial Intelligence - It’s Role and Application

Artificial Intelligence [AI] simply takes the work for the completion of which requires
the intellect of human beings and a computer system and perform work in a short
span which relaxes human workloads. However, several artificial intelligence systems
are guarded by machine learning, similarly many of them are controlled by deep learning
furthermore, some of them are fueled by exhausting things like principles. 3 This
accompanies realizing which includes gathering the principles and data for utilizing
the information. Because of information-based help ventures it has gotten extremely
well known and need.4 As we all know, now the internet is widely used everywhere
either for telecommunications, e-commerce, online shopping, e-banking, contracts
and for innumerable purposes, it allows criminals to commit crimes in cyberspace in
various forms; the Cybercrooks have discovered Artificial Intelligence to carry out
digital wrong doing, they keep their objective and utilize Artificial insight to penetrate
security systems.5 As the network protection specialists utilize Artificial Intelligence to
identify dubious online conduct comparably he digital lawbreakers utilize it negatively
the general public. The utilization of Artificial knowledge can widen the skyline of
network protection arrangements and prepare to make new ones. As the organization
becomes bigger AI case be a shelter for our association’s digital security. 75% of
review chief says that AI permits their associations to react quicker to breaches. 69%
of the association think Artificial Intelligence is important to react to digital assaults.6
The technologies of artificial intelligence perform function to accomplish mundane
tasks through automation to increase productivity and to establish better and suitable,
and biometric-based login techniques. It recognize dangers and malignant action utilizing
prescient investigation. Somehow, it also Secure restrictive verification and access. It
also enchance learning and investigation through characteristic language measures.7
Artificial Intelligence and Cybersecurity
The Technology of Artificial Intelligence and Machine Learning is being used to ensure
security in cyberspace and it’s applied in two phases. In the initial phase, it covers the
forming a comprehension of the typical chronicled scene of organization information
traffic, separating noteworthy experiences about dangers, and figuring out how to
recognize peculiarities in organization traffic. The subsequent stage comprises applying
a comprehension of “typical” to distinguish atypical circumstances requiring human
cooperation and activityagainst known danger profiles.8 Further, the primary function
of AI is to allow PCs to have control over accepting the works done by the people and
then do them quicker and at scale. This incorporates thinking about those activities
and what they mean with regards to the assault and the environment. Abstracting
exercises from singular episodes, summing them up across frameworks and networks
and applying those exercises to expand assault and safeguard adequacy elsewhere.
Identifying vital and strategic patterns from enormous datasets and utilizing those
patterns to adjust assault and guard strategies.9
Following are the major role of Artificial Intelligence in ensuring cyber-
security:
1) Artificial Intelligence can identify Cyber Attacks- Artificial Intelligence is
quite helpful to trace any threats in the cybersecurity by the cyber-attacks of the
criminals, it covers various web platforms as well as high security based official
websites. AI is applied by numbers of the organization or government cybersecurity
these days to ensure strong high security in the websites or official websites and
to detect cyberattacks. However, it’s a difficult task for hackers to get access to
high-security websites as these websites’ functions are controlled by AI to detect
any sort of unauthorized access.Thus, a good performance can be observed in
the case of AI-based websites in detecting cyber-attacks that initiate similar sites
to consider AI as the primary security measure in general.10
2) Artificial Intelligence can prevent Cyber Attacks- The hackers generally use
various techniques to enter into the targeted website and to attack that website to
commit a crime, in such conditions mere tracing or discovery of threats insecurity
is not sufficient to assist a website or any online platform. In the current scenario,
it’s high time to implement the technology to reduce the incidence of cyber-
attacks in several ways.11 Moreover, the individual who is maintaining the website
should be cautious with regards to the activities of hackers and must thinklike the
hacker thinks and perform works to break the security code. The cyber hackers
use malware and other hacking devices to hack a website. For example,
programming like Norm shield Cyber Risk Scorecard dependent on AI can
undoubtedly assist sites with avoiding Cyber Attacks from programmers and
wards.12
3) The scope of Artificial Intelligence (AI) is beyond traditional security
measures - One can see that customary safety efforts rely on certain antivirus
programming, firewall, and comparable instruments on identifying and forestalling
electronic security dangers.13 Inside this situation, the opportune refreshing of
programming and the demeanour of the individual who is responsible for network
safety decides the degree of security of a site or virtual platform. On the opposite
side, AI depends on uniquely arranged knowledge intending to look at practically
all conceivable security dangers. Plus, it can go past the restrictions of human
insight by keeping cautious on the extent of a security break at surprising hours.
As AI for the most part relies on creative innovation like Machine Language,
programmers face trouble accessing the workers where significant data is gathered
as information.14
4) AI and large-scale cybersecurity- Generally the cyber attackers or hackers
don’t target the less popular or less visited online portal or public platforms or
websites as they may not gain much from these sites, thus AI technology is not
frequently applicable in those websites by the in-charge of that website.15
5) Artificial intelligence can guarantee the least human contribution in network
safety undertakings- Ordinarily, online protection personals are doled out to
keep an eye on the security of a site or associated gathering of sites.16 This restricts
the extent of simulated intelligence association in network protection issues since
individuals control everything by taking choices identified with network protection
by and large.17 Additionally, it is hard for online protection specialists to work for
quite a long time without breaks or occasions. Inside this situation, simulated
intelligence can manage comparative circumstances easily because simulated
intelligence doesn’t need any break or occasion since it is customized to manage
high-hazard undertakings with no concern. Summing up, man-made intelligence
is going through quick change and progress from simple specialized help to online
protection specialists in managing the location and counteraction of network safety
challenges. Helped and upheld by Machine Language, simulated intelligence can
find such a digital protection break and can illuminate the specialists or take able
measures to correct the equivalent right away. Thus, it is apparent that the part of
simulated intelligence is truly expanding in the advanced setting where data
innovation makes human existence simpler to a degree.18
Future of Artificial Intelligence in Legal Profession

In our legal system, minimal development has been made in the field of technology
and lawyers nowadays are depending upon the procedures and solutions that were
formed years ago. Artificial intelligence can play a big part in changing the way lawyers
operate and the law is looked at in India.19 Perhaps the greatest interruption that can be
brought about by Artificial Intelligence in law is that in the field of lawful exploration.
The Indian overall set of laws is tremendous and continually changing and with the
utilization of Artificial Intelligence, attorneys can get unmatched knowledge into the
lawful area in no time. As of now to complete lawful examination a critical number of
worker hours are required and this altogether decreases the benefits making capacity
of a law office, be that as it may, with Artificial Intelligence the whole legitimate clique
can be adjusted.20 A misleadingly wise stage for exploration can complete examination
in a flash and be it a law office with 400 legal counselors or a single rehearsing
attorney, man-made consciousness can adjust the consumption needed for in legitimate
exploration making the nature of exploration uniform. It can furnish legal advisors
with profoundly productive and progressed instruments assisting legal counselors
with turning out to be exhorting customers or prosecuting. A huge number of Indian
legitimate tech new companies for example Spot Draft, Case Mine, Near Law, Pensieve,
Practice League, and so on are building Natural Language Processing [NLP] based
applications and presenting cutting edge legitimate examination stages that help law
offices go past basic, watchword-based exploration, along these lines making it less
tedious. Numerous lawful new companies are quickly ascending in Artificial Intelligence
research capacities, some of who have their own AI research labs.21
The face of future Law firms:

In the past few years, a huge development has been observed in the legal industry
worldwide which has increased a high growth within the level of competition. Presently
it has gotten basic for law firms to acknowledge serious endowments by understanding
the headways in innovation and customer prerequisites. The individuals who might
flip a visually impaired eye to those progressions would, unfortunately, be outdated
inside the following not many years. With the advancement of the growth of AI
Technology, a question arise whether lawyers, the legal analyst would be substituted
by AI-based solutions in the legal industry platform would develop the efficiency and
productivity of Firms and Lawyers.22 The arrival of new technologies has modified
the efficiency of legal counselors, contract analysis, trademark search software, legal
research software, etc. Besides this, not a single AI-based software or program initiate
steps to replace lawyers, thus ultimately the AI-based software and programs are
playing a role to enhance the authenticity, accuracy of research and analysis and the
same are more fruitful. The lawful calling is exceptionally determined by investigation,
dynamic, and portrayal which can’t be mechanized. Simulated intelligence-based
programming and projects can decrease legal counselor’s time and exertion extensively
and can help the legal advisors and firms give a more legitimate and result arranged
proposal to their customers. The legitimate business is as yet creating in India and
anticipating more AI-based and mechanized helping devices and programming.

Nonetheless, this Computer-based intelligence-based and robotized helping instruments
and programming won’t supplant the attorney’s work where investigation, dynamic,
and delineation is required however would make them more proficient and equipped
while computerizing different administrative undertakings.23
Regions where Artificial Intelligence is helping legitimate business. It is accepted
that computerized reasoning has incredible breadth for the Indian Legal Sector and a
blend of man-made brainpower and law will observe tremendous development soon.
Presently, there are numerous fields or field where man-made reasoning in law is
ending up being valuable these are as per the following:
Due Diligence -While accomplishing certain legal research or ensuring electronic
discovery functions with due diligence, AI legal software is frequently used as it’s
quite useful and productive.
Prediction Technology- Artificial intelligence are used in decision of the case’s hearing
or proceeding before the Court of Law.24
Legal Analytics- Artificial Intelligence plays a vital role as they collect the data or
information from a particular case study and gives judgments and precedent law to be
required by the lawyer’s community while dealing with their present cases.
Automation of Documentation- One can receive the documents ready in very little
time after the submission of the relevant documents which one wants to incorporate
in a legal document.25
Intellectual Property- Instruments of computerized reasoning aides in giving the
bits of knowledge into the IP portfolios for example search and enrolment of a brand
name, Patent, Copyrights, and so on
Electronic Billing- Artificial insight legitimate programming likewise helps the attorney
and Firms in setting up the solicitations according to the work done by them. It makes
for exact charging for the work done by an attorney. In this way, helps the two legal
counselors and customers.26
Artificial Intelligence in Legal Progression
Artificial Intelligence technology can’t replace the relevance of lawyers or legal
consultants but it can definitely reduce the workloads of the lawyers which can be
assumed from other industries and verticals such as e-commerce, healthcare, and
accounting and will help the law firms, lawyers, in house advocate to earn something
more productive with fewer efforts, thus it’s a false view that Artificial Intelligence or
Machine Learning is a threat to the existence of lawyers or put simply, that Artificial
Intelligence is going to replace Lawyers.27
Artificial Intelligence and Privacy

Around the world, governments are applying the rules and guidelines to help shield the
utilization of data, most outstandingly the European Union’s General Data Protection
Regulation (GDPR) and the California Consumer Privacy Act (CCPA).28 In 2018, the
CTA began an Artificial Intelligence (AI) working gathering comprised of organizations
in the AI space to concentrate on the AI strategy standards, of which protection and
the utilization of information is central. Since data energizes AI frameworks, and as
excellent informational collections are expected to have AI appropriately work and
give anticipated information, organizations are utilizing information with or without
the information on their clients. Nonetheless, simultaneously, the fruitful utilization of
AI is predicated on open trust. the digital psychological oppressor can penetrate
numerous establishments including banking, clinical, training, government, military,
and correspondence and foundation frameworks. Most of the powerful vindictive
digital action has become online. Ongoing patterns demonstrate that programmers are
focusing on clients to take individual data and moving endlessly from focusing on PCs
by causing framework disappointment.29
• AI frameworks (utilizing enormous information), channel, sort, score, suggest,
customize, and in any case shape human encounters. These frameworks have
natural dangers, for example, security penetrates, classifying and digging in
inclinations, decreasing responsibility, and consequently expanding the data
imbalance between the designers of such frameworks and shoppers and
policymakers.30
• Where the sharing of huge amounts of individual information is concerned, another
issue to be considered is how to utilize such information, keeping in mind the
infringement of the privacy of individuals. Practically speaking, it is important to
utilize techniques, for example, ‘anonymization’ or ‘de-ID’, whereby data sets
are prepared to eliminate however much information that identifies with people as
could be expected while holding the handiness of the dataset for the ideal reason.
Growing Threats of Artificial Intelligence and Cyber Attacks In

India
With the rise in the use of the internet globally, people are using the Internet as a part
and parcel of life and thus cybersecurity is a need of the hour. As the question of
cybersecurity arises due to the commission of cybercrime, the data, information, or
documents stored on the internet should be protected from the hands of cyber
attackers. As per Juniper Research, it’s found that the price tag of security breaches
will increase from $3 Trillion in particular years to $5 Trillion by 2024, an average
annual growth of 11%.31
Damages to exceed $5 Trillion by 2024
With the endeavour to make regulations, the Government is indulging for its growth
which will take place by progressively higher fines for information breaks and business
misfortunes caused by ventures that depend on computerized services. The cost per
penetrates will ascend later on International Conference on Cyber Intelligence and
Cyber Terrorism 2018 planned to unite driving scholastic scientists, researchers to
trade their experience and all angles identifying with digital knowledge and Cyber
illegal intimidation. Moreover, comparatively a few gatherings occurred to manages
the dangers of identifying with Artificial Intelligence. By what other method Government
is tending to network safety difficulties and aiding in battling bank frauds. Artificial
Intelligence’s Growing Threat Network safety is essential to make sure about the
uprightness and soundness of the nation’s monetary sectors. A high volume of 150,000
online exchanges got traded off out of a total of 2.3 billion on day to day basis. which
underscores the requirement for building up a broad security methodology and
framework.32 Apart from ordering revealing of each incident, the Union Budget 2018
reported the formation of isolated CERT for the monetary sectors, which will coherently
work with mark controllers to build up an itemized guide that covers different
perspectives like banking, protections, pensions. The Government likewise needs to
guarantee that best in class instruments and advances are conveyed and these
experiences appropriate upkeep consistently to address the developing dangers in the
area.33
Human Mimicking
The capacity to transform an enormous measure of information into noteworthy
knowledge is something that digital protection groups will require in the coming years
because Artificial insight could be utilized to attack. Unlikely malware, Artificial insight
is additionally used to copy humans like emulating human or people voices and can be
utilized by the digital hoodlums to satisfy their targets. Also, it can draw pictures too,
form all around alright to persuade people regarding reality and fake information. In a
new example, of computerized utilizing the Artificial knowledge innovation - the digital
crooks utilized AI-based programming to duplicate the voice of CEO of UKs energy-
based organization and in this trick, the hoodlums requested that their chief exchange
an immense total or money move to the top of the UK based organization by saying its
dire and requested the accidental UK leader to start the exchange inside 60 minutes.
The chief thinking of him as the CEO moved the amount. Cyber wrongdoing specialists
considered it an uncommon instance of hacking utilizing Artificial Intelligence
Technology. This Artificial insight is getting more refined step by step.34
Developments and Global Measures with regards to Artificial

Intelligence (AI)
Discussing the new undertakings to apply AI, we can fail to remember that in Chennai,
Just like we’ve seen in science fiction films, orders are put on iPhones which are
strategically placed on each table, and are shipped off the kitchen straight forwardly.
When the request is prepared, it is conveyed to the individual tables by assigned robot
servers.35 The utilization of robots in the food business just proceeds to show the
degree and the degree of its application while giving customers a novel experience
Telangana police, as a part of observation of the advancing Covid lockdown, have
been using Artificial Intelligence (AI) for the explanation.36 The business pioneers
agree that computerized reasoning has decidedly gotten the eye of the Indian government
and the tech network of late. As per a report by Accenture, man-made brainpower can
add US$957 billion, or 15% of India’s current gross incentive in 2035. The mix of the
innovation, data, and capacity that make clever frameworks potential has shown up to
the minimum amount, driving uncommon development in AI speculation.37
Additionally, like Google, Oracle, Microsoft, and Amazon are battling to serve the
distributed computing and AI needs of the US government, the accompanying three to
five years may cause a comparable dynamic inside India. As the Indian government
pushes for digitization and endorses more AI exercises, private firms will rush to win
gigantic agreements adding to the pool of resources for develop innovations and turn
out new AI and information science-related new businesses. 74% of banking chiefs
trust AI will change their industry totally, and 46% of worldwide monetary administration
workers expect blockchain to improve straightforwardness and information for the
executives. Appraisals recommend that China’s complete interest in AI ventures came
to $2.6 billion out of 2016.38 China’s State Council has as of late gave rules on AI
advancement wherein it is planning to become a worldwide development community
in the field by 2030, with an expected absolute yield estimation of the AI industry
projected at $147 billion39. China Artificial Intelligence Industry Innovation Alliance
(CAIIIA) was set up in 2017. The recently framed union set an objective to hatch 50
AI-empowered items and 40 firms, dispatch 20 pilot undertakings, and set up an
innovation stage in the following three years. Singapore as of late declared designs to
put over $100 million in AI throughout the following five years.40 In the Republic of
Korea, SK Telecom reported in mid-2017 that it will put $4.2 billion in AI. Estimated
by licenses recorded, from 2010-14, the USA drove AI-related patent applications
submitting 15,317 applications. China was second submitting 8,410. 41 During this
period, Japan and the Republic of Korea submitted 2,071 and 1,533 separately. India
was additionally among the main 10 nations all around the world in terms of quantities
of licenses submitted. Moreover, China and India are among the main 10 nations as
far as the quantity of AI companies.42
Worldwide Artificial Intelligence (AI) Laws and Regulations 2020
India doesn’t have explicit laws for information insurance yet close to home data is
defended under Section 43A43 and Section 72A44 of the Information Technology Act.
It gives the privilege to pay for inappropriate divulgence of individual data like GDPR.
In 2017, the Supreme Court pronounced the Right to security as a Fundamental Rights
ensured under the Indian Constitution. Computer-based intelligence has the possibility
of adding 957 US billion dollars which would be around 15% of India’s present gross
incentive in 2035.45
Man-made intelligence will have the option to contact everybody’s life in some
type of the other in the years to come. In the year 2018, NITI Aayog (Policy
Commission) started different projects on the uses of AI.46 Four panels were established
by the Ministry of Electronics and Information Technology to accentuation and examine
various moral issues of AI. A Joint Parliamentary Committee is presently considering
the PDP Bill – Personal Data Protection Bill 2019 dependent on a draft rule on information
insurance.47 When the bill is passed by the two houses of Parliament, it will end up
being the law. Another progression, on the suggestion of NITI Aayog, was taken in
January 2020, for the foundation of “AIRAWAT”, an AI unequivocal machine structure.
The expectation was to satisfy the progressing needs of new businesses, specialists
of AI, and understudies. Some significant IT laws in India incorporate — The Patents
Act of 1970, The Copyright Act of 1957, the Ownership of Intellectual Property, and
the License Agreement.48 India has promising AI pilot projects dispatched by the public
authority in horticulture and medical care. Private foundations are walking ahead with
extraordinary power regarding the foundation and use of AI. Private firms will run to
win enormous agreements and turn out new AI-related companies as the Indian
government pushes digitization and establishes more AI activities. Laws can present
limitations in the development of arising innovations like AI. India is yet to see a mass-
appropriation of AI across businesses and everybody. When enough contextual
investigations arise, public talk on the morals of AI would follow. Right now, scarcely
any individual is messed with the usurping of protection and everybody doesn’t know
about the dangers an unbridled AI can pose to their prosperity and psychological
wellness.49
Social Impact of Artificial Intelligence

In India, these organizations have multiplied vigorously and India remains in the main
5 nations burning-through substance from these stages. Different associations,
substances, and people utilize these stages successfully to do what they are keen on
doing. For instance, legislators successfully use it for interfacing with residents, police
associations use it for pushing substance to residents, NGOs use it for examining
help, and so forth. Given the nature and the historical backdrop of the stages, Facebook
is exceptionally mainstream in India, particularly since vernacular dialects are being
upheld on Facebook. An enormous measure of substance from India gets produced
on Quora, and Reddit as well; there are likewise repercussions due to sharing data on
these stages. Generally, India is very much entered into these platforms. However,
broadly utilized, there is an absence of comprehension of protection and network
safety issues on online web-based media. Protection and security of online web-based
media should be researched, examined, and portrayed from different points of view
(computational, social, mental, and so on) Specifically, given how AI has infiltrated
into these organizations, it will be suitable to utilize AI to examine the organizations
and settle on choices accordingly. The Internet, cell phones, and so forth, there has
been a relating increment in cybercrimes and social media has helped in expanding the
subordinate of these wrongdoings. The examination has demonstrated that social data,
for example, one’s organization on Facebook or Twitter helps in focusing on the
assault on clients and the achievement rate for these assaults utilizing social data is
more than conventional assaults. Online wrongdoing can incorporate malware, phishing,
tricks, psychological warfare, scorn discourse, tormenting, and so on. Seeing how
these violations proliferate on the web-based media, portraying these wrong doings
can be valuable in building methods to dissuade the impact of these cybercrimes.

Building these innovations can be exceptionally testing, given the speedy changing
nature of the cybercrime usual methodology and vectors.50
Legal Framework of Artificial Intelligence (AI)

The current legitimate system for AI can be assembled as follows:
(1) guideline explicit to AI innovation (for example mechanized dynamic, facial
acknowledgment)
(2) guideline explicit to a utilization case or industry application (for example money,
wellbeing, HR);
(3) lawful responsibility for (unintended) results by utilization of AI (for example
criminal, common); and
(4) wilful morals codes;51
The eventual fate of AI relies upon finding some kind of harmony between the guarantees
of more shrewd machines causing us in our day-to-day lives and tending to the worries
of expected interruption. This equilibrium should be reflected in an administrative
structure that is adaptable and can ensure that the business can flourish. Appropriation
for AI and intellectual advances gives no indications of easing back and governments
are focusing on Artificial intelligence-based network; safety difficulties should be
coordinated to choose groups for additional help for innovation advancement. Such
difficulties can bring about a few ground-breaking thoughts for additional investigation.52
Anonymization Infrastructure: In request to make enormous arrangements of
information accessible to people in general for improvement, an anonymization
framework should be made. Public organizations possessing valuable information should
be sharpened.
Conclusion
The current legislation admits that public authority functions could be implemented by
robotic AI. Thus, arises the issue of the legal capacity legitimacy and the assessment
of subsequent legal risks due to the use of self-learning robotic AI. Robotic AI does
not have a moral and ethical set of qualities that should be inherent in a civil servant.
Therefore, we consider it timely to develop a legal vision of the specific purpose of
robotic AI, to explore and identify its legal nature in correspondence to the “spirit” of
the law specified as the basic concept of prospective legislation. The issue of Cyber
security is not an individual-related problem, but also a problem for an organization
and for a government. Even in the banking sector, everyday a vast number of
transactions takes place, where strong security measures are needed to be taken to
protect data or information. More or less, computer security is an expansive region
which is getting altogether significant as the actual world is transforming into
computerized mode with networks being utilized to complete indispensable exchanges.
Cyberattacks are additionally proceeding to veer down in different ways from time to
time. There is no ideal arrangement or general solution for cybercrimes as they are
extraordinary in nature, but most recent devices are utilized on par to limit them to
have a free from any and all harm posted in future in the digital world.
(Endnotes)
1. Dr. Sunil Bhutada, Preeti Bhutad, “Applications of Artificial Intelligence in Cyber

Security”, IJERCSE ,Vol 5, Issue 4, April 2018.
2. Arab Mohammed Shamiulla, “Role of Artificial Intelligence in Cyber Security”,
IJITE, Volume-9 Issue-1, November, 2019
3. Role of AI in Cyber Security, EC Council Blog, available at https://
blog.eccouncil.org/ the-role-of-ai-in-cybersecurity/(last visited on Dec. 31,2020)
4. Ibid
5. Ibid
6. Jyothsna S Mohan, Nilina T, “Prospects of Artificial Intelligence in Tackling Cyber
Crimes”, IJSR, Volume 4 Issue 6, June 2015
7. Artificial Intelligence.What is Artificial Intelligence? How Does AI Work? available
at-https://builtin.com/artificial-intelligence (last visited on Jan. 1,2021)
8. Ibid
9. Supra Note 8
10. Role of Artificial Intelligence in Cyber Security, savailable at https://
wpsecurityninja.com/role-of-artificial-intelligence-in-cyber-security/(last visited on
Jan. 2, 2021)
11. Ibid
12. Ibid
13. Neri, E., Coppola, F., Miele, V. et al. Artificial intelligence: Who is responsible for
the diagnosis? Radiol med 125, 517–521 (2020), available at https://doi.org/
10.1007/s11547-020-01135-9 (last visited on Dec. 28, 2020)
14. Ibid
15. Peter Brown, An Ethical Framework for Artificial Intelligence, available at -
https://www.law.com/newyorklawjournal/2020/06/08/an-ethical-framework-for-
artificial-intelligence/ (last visited on Dec. 30, 2020)
16. Supra Note - 11
17. Ibid
18. Ibid
19. Anthony E. Davis, The Future of Law Firms (and Lawyers) in the Age of Artificial
Intelligence, available at https://www.scielo.br/scielo.php?pid=S1808-
24322020000100404&script=sci_arttext(last visited on Dec. 30, 2020)
20. Ibid
21. Salvatore Caserta, Digitalization of the Legal Field and the Future of Large Law
Firms, laws, 21 June 2020
22. Daniel Sutherland,What Firms Need to Know About the Inevitable Future of Remote
Working, available at https://www.law.com/international-edition/2020/04/24/what-
firms-need-to-know-about-the-inevitable-future-of-remote-working/(last visited
on Dec. 30, 2020)
23. Ibid
24. Ibid
25. Kathleen Walch, “AI Laws Are Coming”, Feb. 20, 2020, available at https://
www.forbes.com/sites/cognitiveworld/2020/02/20/ai-laws-are-coming/
?sh=41428e50a2b4 (last visited on Jan. 1, 2021)
26. Ibid
27. Ibid
28. Ibid
29. Ibid
30. Ibid
31. Selma Dilek, “Applications of Artificial Intelligence Techniques” to combating
cybercrimes: A review”, Vol 6 Issue 1, IJAIA, Jan 2015
32. Marc Wilczek, Cybercrime: AI’s Growing Threat, Experfy, available at https://
www.experfy.com/blog/ai-ml/cybercrime-ais-growing-threat/ (last visited on Jan.
1, 2021)
33. Pallabi Paul, “Artificial Intelligence’s Growing Threat”, Apr. 27, 2020, available
athttps://digiinfomedia.online/artificial-intelligences-growing-threat/
#.X_F9I5DhU0M (last visited on Dec. 31, 2020)
34. Fraudsters Used AI to Mimic CEO’s Voice in Unusual Cybercrime Case, The Wall
Street Journal, available at https://www.google.com/amp/s/www.wsj.com/amp/
articles/fraudsters-use-ai-to-mimic-ceos-voice-in-unusual-cybercrime-case-
11567157402 (last visited on Dec. 31, 2020)
35. The ethics of artificial intelligence: Issues and initiatives, European Parliamentary
Research Service, March 2020
36. Regulating AI: EU proposes legal framework for Artificial Intelligence, Lexology,
available at https://www.lexology.com/library/detail.aspx?g=455f19e9-eb49-48b0-
b51d-5248ddf2160c (last visited on Dec. 31, 2020)
37. Supra Note 36
38. Ibid
39. Romi Jain, Crossroads of Artificial Intelligence: Higher Education and Research in
India and China 11 November 2020, available at https://www.google.com/amp/s/
www.orfonline.org/research/crossroads-of-artificial-intelligence/(last visited on
Dec. 31, 2020)
40. Artificial Intelligence in the Asia-Pacific Region, “Examining policies and strategize
maximizing AI readiness and adoption”, International Institute of Communication,
February 2020.
41. Ibid
42. Ibid
43. Information Technology Act, 2000, S 43A
44. Information Technology Act, 2000, S 72A
45. Ibid
46. National Strategy for Artificial Intelligence, NITI.Gov.in, June 2018,
47. Ibid
48. Kunal Kislay, Ethics, Privacy and Global Laws in AI Adoption: Where does India
Stand? available at https://inc42.com/resources/ethics-privacy-and-global-laws-
in-ai-adoption-where-does-india-stand/ (last visited on Dec. 31, 2020)
49. Ibid
50. Joanna J Bryson, The Past Decade and Future of AIs Impact on Society, available
at https://www.google.com/amp/s/www.bbvaopenmind.com/en/articles/the-past-
decade-and-future-of-ais-impact-on-society/amp/(last visited on Dec. 31, 2020)
51. Maya Medeiros, “A legal framework for artificial intelligence”, Norton Rose Fulbright,
available at https://www.socialmedialawbulletin.com/2019/11/a-legal-framework-
for-artificial-intelligence/(last visited on Dec. 31, 2020)
52. Supra note 12
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Artificial Intelligence: Benefits and Challenges with Special Reference to... 175
18
Artificial Intelligence: Benefits and

Challenges with Special Reference to
Pandemic Situation
Asma Rizvi,
PhD Research Scholar,
Abstract
The true essence of AatmNirbhar Bharat- Shreshth Bharat refers to the contribution
of India in making India a better place to live and prosper with the resources and
human force available within India. Now, if we put emphasis to the present pandemic
condition of the world. And take a note of legal and administrative steps taken by
South Korea in curbing this gruesome situation, they have taken some very remarkable
steps. The very way of doing so was with the help of recently developing field, i.e.,
Artificial Intelligence. The term ‘artificial intelligence’ was formally coined by Mr.
John McCarthy, a computer scientist at a conference in 1956.1 According to him, the
idea of a programme, analysing and operating on data was such that the effect was
parallel to how an intelligent individual would respond to identical inputs in response.
It was this reliance and curiosity towards machines that AI projects were developed in
a manner which allowed for the performance of tasks requiring human-like creativity.
India is the fifth largest country, after South Korea in taking up technological
development. Here the Author will try and enlighten the minds of readers regarding
the benefits and challenges relating to the development in field of Artificial Intelligence.
And the author will also like to mention the administrative steps taken by the help of
Artificial Intelligence for curbing the pandemic in country like South Korea. Through
this discussion the author wants to suggest some immediate legal measures through
which India can become AatmNirbhar in its true sense.
Keywords: Pandemic, Artificial intelligence, Privacy, Quarantine.
Introduction
AatmNirbhar Bharat was a term coined during the period of covid pandemics in India.
It is, in truth, the vision of our honorable Prime Minister, Shri Narendra Modi ji.
“AatmNirbhar” is a Hindi term that means self-reliant or less self-reliant. As we are

aware how India regained this situation back by manufacturing the basic supplies of
hand sanitizers, 3 ply masks, N95 Masks and what not. This initiative has helped India
in broadening its horizons and achieves something that they were thriving from so
long and this initiative has given words to that thought. It does not mean that we are
cut off from the global world, but it does mean that we are able to generate goods,
what we need, domestically and ultimately play a greater part in the global market by
exporting surpluses. This was the real vision of PM Modi’s AatmNirbhar Bharat.The
Five pillars of AatmNirbhar Bharat focus on economy, infrastructure system, vibrant
demography and demand2. There could be five phases of AatmNirbhar Bharat in the
form of businesses including MSMEs, poor including migrants and farmers, agriculture,
new horizons of growth & government reforms and enablers.
Artificial Intelligence and its evolution
We can link the roots of Artificial Intelligence from 1666, where one of mathematicians
as well as philosopher, Gottfried Leibniz, expanded Ramon Lull’s theory (1308) in his
combinatorial art paper called “Dissertatio de arte combinatorial” that “all ideas are
merely combinations of a fairly small number of basic concepts.” Time flows to
1763, when Thomas Bayes developed a rationale framework for the probability of
events. The Result of Bayes’ methods laid the foundation for machine learning and
helped to formalize the Artificial Intelligence concepts. In the year 1854, George Boole
contends his argument by arguing that logical reasoning’s operational output functions
in the same systematic manner as it is used in solving a system of equations. Nikola
Tesla demonstrated the 1st radio operated vessel in the world in 1898, describing the
mounted device as “A Borrowed Mind.”
After the 1940s, most eminent scholars began working on Deep Learning, Machine
Learning and other functionaries of the Artificial Intelligence System. The root of
computer-based “neural networks” and the idea behind ability to function of “deep
learning” can be derived from a paper published in the Mathematical Biophysics Journal
called Warren S. McCulloch and Walter Pitts “A Logical Calculus of Ideas Immanent
in Nervous Activity.” The above term was defined as “mimicking the brain.” The term
“Artificial Intelligence” was coined by the research group 10 on August 31, 1955,
after two months of research. However, in July and August 1956, a year later, the
term was adopted as a new field. In December 1955, the logic theorists namely Herbert
Simon and Allen Newell created the first artificial intelligence program that eventually
yields in proving 38 theorems out of 52 of Whitehead & Russell’s Principia
Mathematica. The WABOT-1 was the first anthropomorphic robot built by the University
of Waseda in Japan in the year 1970 consisting of a communication system, a vision
control system and a limb-action control system. MYCIN was a computer system
developed by Stanford University in 1972 which was used to detect bacteria responsible
for serious infections and to recommend the antibiotics after examination. VernorVinge
published in 1993 a paper entitled ‘The Coming Technological Singularity,’ in which
he forecasted that ‘through technical means we will build up superhuman intelligence
in 30 years, and that human life will end shortly thereafter.’ In 1995, ALICE was
created through Richard Wallace with the principal purpose of gathering unparalleled
data on the Web. In 1997, Sepp Hochreiter and Jurgen Schmidhuber proposed LSTM
(Long-Short - Term Memory), a form of recurrent artificial neural network.The impact
of AI began to show after 1997 when “Deep Blue,” the first computer program that
was an expert in chess, beat the World Chess Champion. Then, in 1998, Dave Hampton
and Caleb Chung introduced the robots as pet, because of the same domestic or pet
robot, “Furby.” In 2000, Cynthia Breazeal created “Kismet” a first robot that understands
emotions and simulates them accordingly. The same year, Honda unveiled ASIMO
robot into the world, an autonomous conscious, humanoid robot, whose behavior
resembled human beings and supplied the consumer with trays.
Google has also demonstrated its presence in the AI sector many times. In 2014, a
US State self-driving test in Nevada was passed by the first driver less vehicle in the
world history introduced by Google on which they had been operating since last 5
years. In March 2016, the learning computer software Google deep mind released in
AlphaGo beat Lee Sedol, the International Chinese Chess Champion. AlphaGo has
been absolutely defeated in recent years by AlphaGo+, an innovative Google Deep
Learning software development and its implementation. In the area of AI application,
there’s one innovative Google competitor and its development i.e. Mr. Elon Reeve
Musk, whose company called “Tesla” has also achieved tremendous success in the AI
sector in recent years.
Benefits and Challenges of Artificial Intelligence
The AI algorithms of today are much more proficient than humans in their functions.
They have moved to a stage where they are much more effective and about as reliable
as humans are. They also offer a more open way for businesses to scale and provide
low-cost manpower for routine labour activities. They still have other advantages,
such as:
Error Reduction Rate
Algorithms have now achieved common use in diverse fields with the advent of AI
models that can achieve human parity. The explanation for this is that, with tremendous
reliability at a reduced cost, they can handle low-level functions, such as data entry or
customer support.
Effectiveness of Expense
The introduction of AI for a previously human function often has different advantages
for the companies doing so. Though AI can only replace low-level tasks at the moment,
in terms of cost, it is still vastly superior. An AI model can use NLP in the case of
customer service to consider what the customer needs, and to do so for multiple
consumers at the same time.
Personalized Experience
A sure-fire way to make people feel unique is to personalize customer interfaces. The
algorithm can be tweaked for sites that prefer to concentrate on customer experience
to improve engagement by suggesting tailored material.
Augmentation by Humans
It is possible to improve the productivity of human intelligence through artificial
intelligence using technology such as smart automation. Google is one famous example
of this; AI’s simple usability and durability helps users to find the correct answer to a
question nearly all the time.
Challenges of Artificial Intelligence
AI comes with its own range of obstacles and pitfalls, as with any modern technology.
This requires a legal framework for innovative emerging technology such as AI for
healthcare, in order to discourage people from making it challenging. In addition,
before achieving mass penetration, the ethics of using AI and the obligation for
businesses to up skill their IT workers for the AI wave are obstacles that the industry
needs to address.
Hype and Truth Differentiating
AI was subject to the speculation generated by industry leaders and analysts alike, as
with any new technology. It also comes with a great deal of misconception as an area,
such as the myth of AI taking over humans. The misconception of AI eliminating all
workers has also led to technology disinformation. In addition to this, there is also a
lot of technology-related promise. All potential upsides of AI are dramatically streamlined
workflows, faster scaling, and cost-effective labor. Companies, however, need to
classify their AI needs correctly and not embrace the technology for the hype.
��AI is a Black Box
A black box is a technology that does not decode the inner workings. It’s hard to
understand AI, especially a branch known as neural networks. There is no context
provided in the case of AI deriving insights as to why the model chose to choose one
result over another.
��Algorithm Bias
Any algorithms are fundamentally biased, even though AI is more powerful than human
beings. In addition, skewed databases in the AI space are also a legitimate issue. The
insights derived from an algorithm would be skewed as collected data sets are distorted
by human error.
��Ethics and Morality
As AI has a ‘intelligence’ component, morality and ethics come into question. While
this discussion is normally intended for AI control, the possible care of any suspected
general AI is often taken into consideration.
Artificial Intelligence as an emerging boon during pandemic

According to the WHO website, on the eve of the New Year i.e. 30 December 2019,
it received information from Wuhan about the virus. A week later the WHO issued its
first alert regarding the coronavirus outbreak. Nevertheless, flights were continuing
around the world and human movement was not stopped. Finally on 11 March 2020
the COVID 19 was declared a PANDEMIC.A Canadian AI company called BlueDot,
however, had used AI-powered algorithms to analyze information from a lot of methods
to identify outbreaks of disease and predict how they could spread. Blue Dot recognized
patterns between health outbreaks and travel by sifting through 100,000 news reports
in 65 languages a day, and made predictions about the COVID outbreak on 31 December
2019. Unless this message had been circulated across the world immediately and
international travel had been curbed, the pandemic may possibly have been contained.
As the world continues to fail to find a virus prevention or cure, AI can and is
currently being used to examine vast amounts of data to classify various elements of
the virus. Take, for example:
� AI uses news accounts, social media channels and government records for
detecting, monitoring and predicting outbreaks.
� AI algorithms help to produce medicines by understanding the virus’ protein
structure.
� AI mathematical models for predicting a flattened curve.
� Social media platforms are also employing AI tools to detect and erase fake
pandemic news to ensure clean information.
� Companies have established medical platforms for mapping ICU beds / hospital
counts.
� The AarogyaSetu software established in India. Data received by the App
using a GPS mobile phone is fed to the AI for tracking travel and secondary
contact information to track the transmission.
Reports on different strains of the virus that infected individuals were collected during
the outbreak of Covid-19. The strains are not identical, and there are no symptoms or
seriousness of the disease. Although research is being performed in different pockets
across the globe, without the use of AI, there is no humanly feasible means of analysing
virus-emitting data information. By considering the vast number of players /
organisations engaged in the diagnosis, administration, care, prevention and treatment
of this disorder, the sheer significance of the study of this data can be imagined.
Diagnostic labs, divisions of government contact-tracing, the various applications and
facilities gathered from the applications, the medical records of all those examined,
the essence of the care provided in different parts of the world, mortality data, recovery
data, the sum of masks, PPE kits, etc. used to forecast and provide the appropriate
demand.The globalized community is aware of AI’s power. There are therefore various
steps that have been taken to facilitate the use of AI for the protection of public health.
Various AI tools, such as CORD-191, COVID-19 Research Explorer, 2 COVID Scholar
3, are all AI-based tools made available to scientists and medical researchers to provide
input data and to provide responses to their various queries.
Case study of South Korea during Covid 19 pandemic
Countries around the world have shut down to curb the spread of Corona virus, but in
South Korea people have started to come out on streets. Starting in late February,
South Korea was showing the sharp increase in Corona virus cases. For over 5000
infected, they were registering some of the highest increase in the corona virus cases
in the world. But something has changed, when the cases on the whole world continued
to rise, Korea’s starting to leveling off. They were able to do it because they learned a
valuable lesson a while ago when the country has faced immense infection in the past
when they fought different virus. The MERS Virus made South Korea to suffer badly
in 2010. In 2010, a Korean businessman suffered a fever while returning from Middle
East which converted to cough and the pneumonia. He went to several health facilities
for diagnosis before finally tested positive for MERS (Middle East Respiratory Syndrome)
a form of Corona Virus3. By that moment, his movements have created a chain of
transmission that becomes hard for officials to trace. They didn’t know who was
infected and where they had been. Although the Virus infected 186 people, and killed
around 38 people.4 The government declared an end to the outbreak in 2015. But they
didn’t stop planning. The lessons all came to play when next outbreak happened in the
country.
China confirmed its first corona virus case on December 31st 2019. It continued
to spread worldwide in the following weeks, with just 30 confirmed cases of Corona
Virus in South Korea. In spite of the low numbers, however, the authorities have
already begun to improve the corona virus test. And they soon had thousands of
ready-to-use test kits. The lessons that they have learnt from MERS outbreak was
first to detect the source of the virus and make it accessible to every hospital in the
country. They prepared for the worst and worst followed soon. By late February the
number of Corona virus positive cases increased to 3000 drastically. This made South
Korea the country of largest outbreak after China, outside the mainland. And all of this
started when a woman suffering from dengue went to hospital for checkup. Because
the hospital was already aware of Corona virus test kits, they did the test. And soon
she was 31st corona virus positive case in the country. But the testing didn’t end there.
Before going to the hospital for checkup, that woman went o Mega church where
she sat at congregation of 100s for more than an hour. She was traced for movement
by the authorities and identified with whom she fell in contact, and the doctors even
examined certain individuals, whether or not they had common symptoms. Many of
them have tested positive at their home or quarantine centres and were quarantined.
And they have traced and checked all those individuals with whom they had contact
with. This is called tracing touch. It is an approach that has allowed South Korea to
screen more than 9,000 individuals who have been in contact with individuals who
have tested positive for corona viruses. After Dengue, South Korea ramped up testing,
Private and national corporations had joined hands in handling the test drive in the
entire nation mostly free, that includes around 600 testing centers around the country
with nearly 20,000 people testing per day. Through this method it is easy for them to
test and detect the persons infected and trace their contacted people, to break the
chain of infection among the people on large scale. But that’s just human-to-human
transmission, what about going around the area, hitting the poles and handles of the
subway. But for this as well, South Korea was prepared. After the MERS epidemic,
what they were unable to trace was virus spread, Korea amended the legislation by
enabling government access to patients’ personal data and protection by applications
installed through Artificial Intelligence. All the applications and photos and other personal
data can be used to trace back the movement of the positive patient. This will allow
the government to give alert to people about the location of positive patient.
Artificial Intelligence operated websites and applications compiled together help
everyone to know about whether positive tested person has moved to some hospital
or pharmacy or any other place. The citizens are free to check the infected location
and avoid travelling through those areas. This will let them know whether they have
crossed the path with the infected person so they can go and test themselves in the
hospitals. In the same way, the contact tracing start happening again. Tracing the
people’s moves can be a controversial move, but many in South Korea prioritize
public health much more than privacy.5 Under Article 16 of Chapter IV of South Korea
Infectious Disease Control And Prevention Act 2016, it says that the country is at
utmost liberty to investigate the disease and keep surveillance on the positive tested
patient.
As a result, hundreds of thousands of civilians around the world could be checked
by South Korea, far more than any other country at the moment. And this allowed the
authorities see the virus, search where it was, and verify that it was lurking there.The
ability of find the virus through tests and trace it has helped them to suppress the need
of aggressive lockdowns. And that’s how they were able to bend the curve that started
very steep. For now, South Korea has turned the corner, but they are even more
prepared. It’s that kind of vigilance that made South Korea to face this pandemic
strongly and the country didn’t fall apart. But it is not the only place to test aggressively.
Countries like Taiwan, Singapore has also benefited from the aggressive testing of
corona virus.6 In countries with greater populations, South Korea’s policy could not
be helpful. But unlike most of the nation’s hit in lockdown, the performance of the
country strongly stands out a way. South Korea’s advanced technology is helping the
fight against COVID-19 through various AI based technology. The company SK
Telecom has developed a robot that can enforce public health regulations, like mask-
wearing, check people’s temperatures and even disinfect buildings. Using AI technology,
it detects gatherings of people and says: “Please follow social distancing measures.” It
also checks who is wearing and who is not wearing a face mask. With ultraviolet
lamps and two automated sprays for disinfectants. In just ten minutes, the robot will
clean 99 percent of an area of 33 square meters. This robot was jointly built by SK
Telecom, Korea’s largest mobile network operator, and Omron Electronics, a
manufacturer of industrial automation solutions.
Conclusion
The very idea of the themed program AatmNirbhar Bharat- Shreshth Bharat is to give
a push to ideas and startups that will help India grow and this is not possible without
beholding the hands with technology. Artificial Intelligence provides a platform to
grow new ideas and base new theories to experiment. This is a growing field with
potential to provide development of the community. India is the second largest growing
field after China, in terms of developments in the area of Artificial Intelligence, but
India is still afar from taking AI with full potential during the times of pandemics.
(Endnotes)
1. Prof. A. Lakshminath & Dr. Mukund Sarda, Digital Revolution and Artificial
Intelligence- Challenges to Legal Education and Legal Research, CNLU LJ (2)
(2011-2012)
2. AatmNirbhar Bharat- Shreshth Bharat: Introduction, available at https://
keepinspiringme.in/atma-nirbhar-bharat-through-ek-bharat-shrestha-bharat-
innovation-thrives-when-there-is-unity-in-diversity/ (Last modified on 23rd
December 2020)
3. Middle East respiratory syndrome: what we learned from the 2015 outbreak in the
Republic of Korea, available at https://www.ncbi.nlm.nih.gov/pmc/articles/
PMC5840604/ (last modified on 25th December 2020).
4. The Korean clusters: How coronavirus cases exploded in South Korean churches
and hospitals, available at https://graphics.reuters.com/CHINA-HEALTH-
SOUTHKOREA-CLUSTERS/0100B5G33SB/index.html (last modified on 25th
December 2020).
5. Infectious Disease Control And Prevention Act 2016, South Korea, available at
https://www.law.go.kr/LSW/ls Inf oP .do ?chr Cls Cd =0 1020 3& lsiSeq =188080
&view Cls=eng LsInfoR&urlMode=engLsInfoR#0000 (Last modified on 23rd
December 2020)
6. What We Can Learn From Singapore, Taiwan and Hong Kong About Handling
Coronavirus, available at https://time.com/5802293/coronavirus-covid19-
singapore-hong-kong-taiwan/ (last modified on 23rd December 2020)
��
Media as Fourth Pillar of Democracy 183
19
Media as Fourth Piller of Democracy

Ankita Pooja* Shubham Mishra**
Research Associate Assistant Professor
Competition Commission of India Bharati Vidyapeeth Inst. of Management Studies
Abstract
In a Democracy like India, Media is a link between government and common citizen.
There are 118,239 newspapers registered with the Registrar of Newspapers for India
with a combined net worth of Rs.296 billion, making it the largest global market in
terms of number of circulations.1 Moreover, newspapers circulated in India are published
in more than 20 languages, which signifies India’s adherence to its plurality, alongside
testifying the vision of “vocal for local”. The freedom of press is fundamental to the
life of an individual in the democratic polity.Like every Pillar, Media is also facing
some challenges like Fake News, Media trials, cross Media ownership etc. There is a
continuous demand to create some regulatory mechanism which makes TV and Print
media accountable and responsible. In India there has been two authorities which
deals with media regulation. One is Press Council of India which is a statutory body
and the other is News Broadcasting Standards Authority (NBSA) which is a self-
regulatory authority. Recently the government of India addressed the issue of
strengthening the regulatory mechanism for news media and also considering a new
code of conduct for TV news channels. In the year 2020 the Prime Minister of India
introduced Aatmanirbhar Bharat which is creating a great space for Journalism and
News Broadcasting. The role played by media during Covid-19 has been quite notable
and because of its exceptional contribution to the society in terms of information,
communication as well as in the economy we call it the fourth pillar of democracy.
Keywords: Media, Aatmanirbhar Bharat, Press, Fourth Pillar.
Introduction
“Freedom of press is the Ark of the Covenant of Democracy because public criticism
is essential to working of its institutions. Never has criticism been more necessary than
today when the weapons of propaganda are so strong and so subtle”.2 There has
always been a debate whether media still deserves to be considered as the fourth
estate or is it losing its sanctity altogether? It cannot be denied that media has got huge
responsibility towards the society and a world without media cannot be imagined. In
the past people were dependent on the printed materials as a source of news such as
books, magazines, newspapers and in the broadcast communication as television and
radio. But in today’s era media has evolved and expanded its tentacles in the form of
digital communication such as internet or social media. The difference between the
media in the past and present is that today’s media is often free and is accessible to a
wider number of people. Since time immemorial Media has played its part in the
society by making people develop their opinion after they become aware of the various
social economic and political activities. In any democratic country, media is the voice
of the citizen and hence its importance is magnified. It not only covers the stories
from the world but also helps in the proper functioning of democratic government
and society. In simple words freedom of press means freedom of a newspaper to
print and publish different news, comments and opinions without any interference or
restrictions by the government. The most important purpose of media is to inform the
public about government policies and functioning of government. Mahatma Gandhi
acknowledging the importance of press once said “Freedom of speech and pen is the
foundation of Swaraj. If the foundation stone is in danger, you have to exert the
whole of your might in order to defend a single stone”3. In the Constituent Assembly
all the members accepted the importance of freedom of press and ingrained it in the
form of an article in the Constitution of India. Not only India but all the countries
consider it equally important. Article 19 of the Universal Declaration on Human Rights
talks about freedom of speech and expression where it stated that “Everyone has the
right to freedom of opinion and expression, this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers.”4
Freedom of Press and Position In Indian Constitution
The freedom of press is the most basic right an individual can own in the democratic
polity. In 1769 its concept was explained by William Blackstone as “The liberty of
press is indeed; essential to the nature of a free state; but this consists in laying no
previous restraints upon publications, and not in freedom from censure for criminal
matter when published. Every freeman has an undoubted right to lay what sentiment
he pleases before the public; to forbid this, is to destroy the freedom of press; but if he
publishes what is improper, mischievous or illegal he must take the consequence of his
own temerity.”5 In India, during the British rule, all the laws passed by Britishers were
against any such freedom of press whether it was Vernacular Press Act, 1878 or
Press Act of 1910. All of them were enacted to control the activities of Indian freedom
fighters, who used Articles, pamphlets and other print sources to create feeling of
enmity against rulers. The Chairman of the Drafting Committee, Dr. B.R. Ambedkar
explained the idea of press as another way of communicating with an individual or
citizen. The press has no special rights which are not to be given to or which are not to
be exercised by the citizen in his individual capacity. The editor of the press or the
manager are all citizen and, therefore, when they choose to represent any newspaper,
they are merely exercising their right of expression and in my judgment, no special
mention is necessary of the freedom of Press at all6. After the enactment of Constitution,
state governments tried to control the press through various legislations. In this way,
the case namely Romesh Thapar v. State of Madras7 came before the Supreme Court.
In Romesh Thappar, the Supreme court in this case held that the Madras Maintenance
of Public Order Act, 1949 is violative of Article 19(1). By this Act Government of
Madras issued an order whereby they imposed a ban upon the entry and circulation of
one of the Journal’s in that state. The court was of the opinion that the law comes
nowhere within the arena of Article 19(2). Patanjali Shastri, J. Observed that the
Freedom of speech and press lay at the foundation of all democratic organisations,
for without free political discussion no public education, so essential for the proper
functioning of the processes of popular Government, is possible. A freedom of such
amplitude might involve risk of abuse. But it is better to leave a few of its noxious
branches to the luxuriant growth, than, by pruning them away, to injure the vigour of
those yielding the proper fruits.
In Brij Bhushan’s8 case which is popularly known as “The Organizer Case”, the
Supreme Court in this case held that the constitution itself has prescribed certain
limitations to the freedom of speech and until and unless the case falls under article
19(2) the pre-censorship on publication will be violative of freedom of speech and
expression. Again in R. Rajgopal v. State of Tamil Nadu9, the issue of prior restraint
was raised where Supreme Court held that the government or the officials do not have
the power to compel a prior restraint upon publication of a material on the premonition
that such publication may turn out to be defamatory. Therefore, the liberty is being
taken in terms of publishing the story of a condemned prisoner and even without
taking the consent of the prisoner as it is held to be incorporated in the freedom of
press under article 19(1)(a) and hence no pre-censorship can be imposed upon such
publication. In Sakal Paper v. Union of India10, Court held that there could not be any
restriction on the price, page and volume of circulation of any copy. In a democracy,
freedom of speech and expression is very important and it should be maintained and
protected by the constitution. Freedom must always be coupled with restriction as no
freedom can be absolute or completely unhindered. Therefore, as Article 19(1)(a) of
the Indian Constitution gives freedom of speech and expression but also puts some
restrictions under Article 19(2). The expression reasonable restriction is not defined
anywhere in the constitution. Therefore, it is for the court to decide what is reasonable
and unreasonable restriction imposed by any authority or government. On various
occasions Supreme Court provided certain principles and guidelines to determine what
reasonable restriction is and what is not.
Challenges before the Indian media
Out of 180 countries, India’s position in World Press Freedom Index is 142 in 2020.
The basic function of any media is to provide truthful and objective information to the
people of the country. But for many reason media is not properly performing its
respective functions. One can say media houses are controlled by businessmen and
politicians hence there is a lack of credibility in news and its content. The businessmen
are interested in making money and for that they run stories which give more viewership.
There are number of challenges before Indian media; some of them are–
Hate Speech: Black’s Law Dictionary identifies hate speech as the “speech that
carries no meaning other than expression of hatred for some group, such as a particular
race, especially in circumstances in which the communication is likely to provoke
violence”.11 While examining the laws relating to hate speech in India, as there are no
specific laws which deals with hate speech but only selected forms of speech, the law
commission recommended to introduce new provisions in the Indian Penal Code that
specifically punishes incitement to violence in addition to the existing ones.12
Paid News: One of the negative aspect of media is paid news. It is the practice in
which any interested individual who wants to give emphasis to their own news articles
gives cash or equivalent to the journalists or media houses to publish it. This practice
is criticized because it gives more coverage to the individuals who have paid for their
news instead of the deserving news which needs to come into light.
Fake News: Fake news are those news stories that are false, made up and the news
does not have any supportable source. These stories are intentionally designed to
mislead the reader by deviating them from the real news which might be relevant. In
recent years, fake news stories are being propagated with an intention to create
disharmony among communities or for political gains and sometimes in extreme cases
it leads to violence also.
Defamation: Defamation is the oral or written communication of a false statement
about a person which is a severe blow to the reputation of an individual. In S.N.M.
Abdi v. Prafulla kumar Mahanta13 a Weekly alleged in an article that former CM
Mr. Mahanta had misused man and muscle power in politics. The statement was
baseless and therefore court found it defamatory and said that the publication to be
considered as defamation, it would suffice that the publication lowers his reputation in
the eyes of few people rather in the eyes of everyone in the community.
Media Trial: Media trial refers to the process of declaring an accused as a convict
even before passing of the judgement by court. In R.K. Anand v. Registrar, Delhi
High Court14 it was clearly stated that media should play the role of journalism and not
do something which is required to be done by the court. Again, in Siddhartha Vashisht
v. State (NCT of Delhi) 15 famous ‘Jessica Lal Murder case’, the court make observation
on the role of media and said that there is danger of serious risk of prejudice if the
media exercises an unrestricted and unregulated freedom such that it publishes
photographs of the suspect or the accused before the identification parades are
constituted or if the media publishes statements which out rightly hold the suspect or
the accused guilty even before such an order has been passed by the court.
Cross Media Ownership: Monopolies in the field of media is nothing new and it
destroys the quality of news as without competition the channels will not pay any
heed in improving their content. There is a need to think over market sharing by any
one entity in a geographical area.
Media Ethics: Another challenge faced by the media is regarding media ethics.
Generally, a person who is an editor of newspaper, he should have sound knowledge
or expertise in journalism. But nowadays media houses are in control of big corporates
and politicians who decide headlines for making profit rather than providing information.
This idea of earning profit leads media houses towards sensationalism of irrelevant
news such as microchips in currency notes, UPSC Jihad or media trial of Sushant
Singh Rajput’s case and this leads to yellow journalism.
Media Regulation in India – Need of the Hour

There are two regulatory bodies in India concerned with media control. One is the
Press Council of India16, which is a statutory body, and the other is a self-regulatory
entity, the News Broadcasting Standards Authority (NBSA)17. It is the task of PCI to
help Newspaper agencies to maintain their independence and create a Code of Conduct
for Journalists and News agencies. It has power to enquire into complaints of
professional misconduct against any editor or journalist. In cases of violation of
Journalistic ethics, PCI can issue summon and can warn the editor, journalist, newspaper
or news agency. But the issue is that its power is limited and it cannot punish editor or
newspaper for violations issued under the Act and therefore it is also called a toothless
tiger. The News Broadcasting Standards Authority (NBSA) on the other hand is permitted
to warn, censure, and penalise the broadcaster who are not following the rules of
media ethics. The issue which arises here is that many news channels are not the part
of NBA, therefore it cannot take actions against those channels who are not complying
with the media ethics. The idea of self-regulation is good but it can only work effectively
if there is no nexus between the media houses and politicians. In the past we have
already witnessed Radia Tape controversy18 so it seems impossible to divorce press
from politics.
There is an ongoing demand to regulate media from last one decade and especially
after terrorist attack in Mumbai. When former Justice Mr. M. Katju, was the Chairman
of the Press Council of India, he advocated that either print and electronic media
should be included within the purview of Press Council of India or create another
body for regulation. Recently various news has been covered such as coverage of
Delhi violence, UPSC Jihaad show by Sudarshan TV, Telecast of Hate Speeches by
political leaders in Delhi during election, Late actor Sushant Singh Rajput’s Death and
directions of Supreme Court which paved the way to rethink upon the need of regulatory
autonomous body in Media. In Konan Jodio Ganstone v. State of Maharashtra19 ,
while dealing with liability of Tablighi Jamaat, Bench of Bombay High Court strongly
criticised the approach of both print and electronic media by noting that:“There was
big propaganda in print and electronic media against the foreigners who have come to
Markaz Delhi and an attempt was made to create a picture that these foreigners were
responsible for spreading COVID-19 virus in India. There was virtually persecution
against these foreigners.” In Firoz Iqbal Khan v. Union of India and Ors.20 Supreme
Court directed Central Government to think upon the need of regulation in print and
Electronic media. In this case a news Channel ‘Sudarshan TV’ telecasted a prime
show ‘Bindas Bol’ claiming that recruitment of Muslim youth in Indian Civil Services
was another form of ‘JIHAD’. It was submitted by the Centre in its affidavit that the
show is offensive and could promote communal attitude. As Sudarshan TV Network
is not a part of NBA hence rules and regulations of NBSA are not applicable in this.
This case of Sudarshan TV again highlighted the need to regulate media as there are
lot of inadequacies in the existing machineries in India for regulating print and TV
broadcasting.
After this issue, NBA requested Supreme Court in an affidavit to allow its Code of
Ethics against all the news channel by including it in the Programme Code of Cable
TV Act which would be applicable on all the tv channels, whether they are member of
NBA or not. Various committees and law commission reports also recommended for
making changes in media laws. The Committee on Electoral Reform in 2015 suggested
to restrict publishing of poll surveys without proper examination but still there are
surveys without adequate examination21. Press Council of India in 2012 suggested
that electronic and social media should be brought within the ambit of PCI and its
name should be changed as Media Council. Law commission in its 200 th report
recommended to change laws so that trial by media and sting operations could be
regulated22. Standing Committee of Parliament in its 47 th report discussed on paid
news and observed that a line should be demarcated between news and paid news23.
There is a dire need for a regulatory mechanism or a media counsel24 that is neither
in control of government nor self-regularised. Presently Government is trying to control
media through regulatory bodies which has not proved very effective and it also
questions the idea of free press. If we take the example of USA, Federal Communication
Commission, is an autonomous media regulatory body of United States Government
and Media houses in U.S. are proactive in implementing the FCC guidelines It could be
opined that there can be an autonomous body in India consisting of a Chairman, who
is a retired judge of Supreme Court, two eminent persons from the field of law,
science, art, literature etc, two member from both PCI and NBSA and two eminent
journalists who are not part of any media house. It is also suggested that there can be
an online portal where individuals can submit their grievances regarding any unethical
or false news and proper inquiry is done subsequently.
Atmanirbhar Bharat: Ek Bharat- Shreshtha Bharat

The pandemic struck the globe in the year 2020 and India was no exception to it. The
Recent call for Aatmanirbhar Bharat by the Prime Minister in the backdrop of the
Covid-19 Pandemic is in fact a vocal expression of the already existing policy of
‘Make in India’. The vision of the Aatmanirbhar mission is to make India self-reliant
by manufacturing products not only to suffice India’s demands but also to inject
those into the international market so as to become a global economic leader. The
disastrous aftermath of Covid-19 led to high layoffs in newspaper publications, while
digital media was the least affected of all which shows its stability and the positive
future prospects. The media has been doing exceptional service by spreading awareness
against Covid-19 and people are now aware enough to live and survive with Covid-19.
Providing information to more than a billion people shows the strength of Indian
media industry. There are 118,239 newspapers registered with the Registrar of
Newspapers for India with a combined net worth of Rs. 296 billion, making it the
largest global market in terms of number of circulations25. Moreover, newspapers
circulated in India are published in more than 20 languages, which signifies India’s
adherence to its plurality, alongside testifying the vision of “vocal for local”. Across
the medium of Television, there are approximately 400 news channels not only in
Hindi and English, but also in Assamese, Gujarati, Bengali, Kannada, Malayalam, Tamil,
Telugu, Odia, Punjabi and Urdu. This reflects the diversity of Indian media. In 2019,
news channels accounted for 13 percent share of the total advertising volume of the
entire Indian television industry, second only to that of United States of America. Ek
Bharat Shrestha Bharat is one of the initiatives of the Prime minister of India to
promote Unity in Diversity in India. On the 140th birth anniversary of Sardar Vallabh
Bhai Patel, PM announced this Scheme. The objective of EBSB is to create unity in
diversity and to promote learning between states. The mutual learning between states
can be done by sharing knowledge about cultural ideas and this knowledge can be
spread through newspaper, TV channels, online news portals etc. After Covid-19
outbreak it is not easily possible to conduct programmes in physical presence of large
gathering and to overcome this, Government of India is considering more innovative
ideas to promote EBSB initiative. Recently Ministry of Tourism started “Dekho Apna
Desh” in the form of series of webinars, to educate people about different cultures of
different states. Ministry is planning to use Digital Platforms such as News Channels,
Social Media Groups etc. to promote understanding and engagement amongst the
people of different states and Union Territories to ensure idea of United India.India is
a country, where reading newspaper, watching news channel and discussion on politics
is a part of daily life. Media in form of news channel and digital prints can easily share
popular song, personality, tradition or culture of any particular state under EBSB.
While promoting the idea of EBSB Prime Minister Narendra Modi emphasised upon
the roles of media. Media is not bound by any interstate, religious or cultural boundaries
and therefore media can very well promote the idea of EBSB.
Conclusion
The media acts as a connection between the government and the people. The role
played by media in the last few years and especially in the year 2020 is quite remarkable.
Media has played a huge role in raising awareness about the Covid-19 pandemic and
its role became even more important in the Aatmanirbhar Bharat. The media acts as a
watchdog of the three pillars of democracy that is legislative, executive and Judiciary.
The media is called the fourth pillar of democracy and it can carry its sanctity only
when it plays its role honestly. Indian media have unlimited power guaranteed under
Article 19(1), though there are some restrictions but sometimes these are not effectively
implemented. In number of occasions media exceeds its limits which is inappropriate,
unethical and which also creates problem in the administration of justice and often a
question arises whether media is still considered the fourth pillar of democracy? The
problems within media are paid news, fake news, media trial etc. There is famous
quote of Lord Acton that “power corrupts and absolute power corrupts absolutely”.
These lines apply at every place where there is unrestricted power attached with any
authority or institution. The number of television households in India has increased
exponentially. Therefore, the television news media is as influential as ever.
Government’s intervention in their regulation triggers the debate of censorship and
freedom of speech, therefore media channels prefer self-regulation. But self-regulation
agencies like News Broadcasting Agency (NBA) and News Broadcasters Standards
Authority (NBSA) have not been able to work as efficient regulatory entities as they
lack proper methodology, implementation and considerable power. Recently in a webinar
on national press day, the government addressed the issue of strengthening the
regulatory mechanism for news media and also considering a new code of conduct
for TV news channels26 to ensure unbiased and fair journalism. In our opinion media
should neither fully be self-regulatory nor government controlled rather there is a need
to create an autonomous body which works as a regulatory mechanism and
consequently it might preserve the essence of media as fourth pillar of democracy.
(Endnotes)
* Research Associate, Competition Commission of India, ankitasri.kls@gmail.com
** Assistant Professor, Bharati Vidyapeeth Institute of Management and Studies,
shubhamdivyam@gmail.com
1. Statistics available at https://www.statista.com/topics/4726/newspaper-industry-
inindia/
2. Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106.
3. K.S. Padhy, The Indian Press: Role and responsibility 50, (Ashish Publishing
House, New Delhi- 1994).
4. UDHR available at http://www.un.org/en/universal-declaration-human-rights/
5. E.S. Venkataramiah, Freedom of Press-Some recent trends 9, (Advocates
Association, Bangalore, 1984).
6. Constituent Assembly Debates, Dated 2-12-1948 at p. 780.
7. AIR 1950 SC 124.
8. Brij Bhushan v. State of Delhi AIR 1950 SC 129.
9. AIR 1995 SC 264.
10. AIR 1962 SC 305.
11. Black’s Law Dictionary, 9th edition, 2009.
12. Law Commission of India, 267th Report on Hate Speech, available at https://
lawcommissionofindia.nic.in/reports/Report267.pdf
13. AIR 2002 Gau. 75.
14. 2009 8 SCC 106.
15. AIR 2010 SC 2352.
16. Press Council of India was created through PCI Act which was passed in 1978
with the purpose to keep up the liberty of press.
17. It is an independent body which is set up by the News Broadcaster Association
which entertains the complaints against broadcasters and adjudicates the matter.
18. Controversial conversation between Niira Radia and the (then) Indian telecom
minister A. Raja.
19 MANU/MH/1025/2020
20. MANU/SCOR/37856/2020
21. Report on Electoral Reforms available at https://lawcommissionofindia.nic.in/
reports/Report255.pdf
22. Report on Trial by Media available at https://lawcommissionofindia.nic.in/
reportsrep200.pdf
23. Parliament standing Committee Report available at https://eparlib.nic.in/
24. Supra note 3
25. Webinar on “ Role of media during the COVID-19 pandemic and its impact on
the media” by Press Council of India available at https://presscouncil.nic.in/
Content/NewDetails/8179_7_WhatnewdDetails.aspx
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20
Internet of Things for Quality Education:

A Study of Futuristic Learning
Savita
M. Phil Scholar, School of Education,
Central University of Haryana
Abstract
This paper presents a study concerning the quality of education with the Internet of
Things in making students self-reliant, self-enhanced and self-motivated for their
bright future along with nation. Students will sufficient for their study accordingly
and learn whatever they want to. It was assumed that traditional methods have not
any scope for creativity and it is only based on text-book education and make students
running after grades and exams. So with IoT, online learning students can enhance
their creativity and make them dependent on their own learning strategies through the
internet of things. Online learning save the time and money as we have some negative
sides of traditional method of teaching like gossiping, peer bullying, class bunk etc.
With internet of things students can access quality content apart from boring textbooks
content and they have also a space for themselves for enhancing creativity and
innovation. It will help for our future generation to think, analyse and get more freely
about what they want to do and what is right or wrong. So online learning leads
students to becomes more sufficient, self-supporting and independent.This up to
date technology shall be used in education for enhancement of students and teachers,
so with the foremost recent insights on however specifically lecturers can be more
engaging with the help of recent trends in IoT. This paper has mentioned all outlooks
of IoT with their productivity level which may facilitate all education-practitioners,
and learners of recent era to search out from the results of processed
knowledge, that shows totally non-identical educational trends and with successful
quantitative relation of those applied ways. Additionally, it has a tendency to find
out the area to check the realm for enhancements in various sections supporting
everybody for their self-reliance.
Keywords: IoT (Internet of Thing), Awareness, Interest, Security problems, Quality
Education, futuristic Learning.
Internet of Things for Quality Education: A Study of Futuristic Learning 193
Introduction
In present time schools, college student teachers and parents are struggling with
different concerns due to this Corona pandemic as the nation has been shut down and
everything is closed for everyone. Everyone is struggling with all these issues in
different forms like jobs in-securities, hunger issues, health issues. And the most
important thing is the education. Students are considered as the future of a country
and now the future of these students are in danger due to this covid-19 pandemic.1
Another important concern is reopening educational institutions can expose students
and teachers to community spread and it translates into the big loss of the education
for every educational practitioner. Therefore in order to protect our students and
teachers from this pandemic without losing their education practices, was seems
difficult earlier, but online education has become a boon to us with the internet of
things. And online education may become an alternative for providing education in
continuity. The Internet of Things has become an important tool for doing the majority
household and even for education because online education is only an option for us in
comparison to the risk of covid-19. So it is better to have access to the internet
and to study online. According to the recent researches it’s found that
technology continually includes a serious impact on education and Internet of Things is
not any distinction.2 Several learning establishments area and organizations are
doing investment in technology to increased learning like “Samsung India” which is
at the forefront of empowering India’s youth with education through technology.3
Digital India for Atmanirbhar Bharat is an initiative taken by India’s government
under the leadership of Prime Minister Narendra Modi to provide a high-speed internet
network in rural areas. The Digital India initiative was launched on 1st July 2015 to aid
and benefit the other schemes of the government, including Make in India, Start-up
India, Stand-up India, Bharatmala, and Sagarmala schemes.4
In this initiative of digital India for Atmanirbhar Bharat aims for providing inclusive
growth in technical education in the form of digital education. Its vision is to provide
easy access to common service Center to all localities from which people get connect
to it and use it. Quality education is some things that can amend the society into a
civilized form. In our society education every time plays a significant role in shaping the
universal development of a nation. The broader view of this analysis is that Internet of
Things is fulfilling its responsibilities of remodelling the education into intelligent virtual
world. Education could be a powerful tool to create fashionable, utility-based,
comprehension-based, culture-based and noble society which may lead the
state towards changing into superior within the world. India ranks second in having
the largest education system in the world after the China.5 However despite such growth
and development, the quality of education in India is still the biggest concern for all
stakeholders within the education system.Internet of things has the strength
to amend people’s lives throughout intense quality of information. Some folks may even
be cautious of the progress, however its utility is not questionable.
Mark Weiser,6 in his central statement of the seminal paper on Scientific American
in 1991, he aforementioned that the foremost profound technologies unit are those
who disappear, and wave themselves into the material of everyday life till
they’re indistinguishable from it. The term IoT in Education is taken into account
two faceted attributable to its use as a technical tool to boost tutorial achievements
and infrastructure, and as a topic or programme work to show basic ideas of IT
in computing. 7 Education is vital for everybody, and so the IoT and software
development tools may build the expertise a whole heap higher. It’s up to educators,
practitioners, college directors and kids to make bound that the IoT is used to its full
potential.
Need and Significance of the Study

It is observed that teachers and students have initiated Internet of things with content
and pedagogy at various levels of education through their own ways. However, the
extent of the Internet of Things is not well defined in educational institutions, schools
and classrooms. But in the same manner, teachers at higher education level also have
been found to take care of this during their assignments, evaluation, teaching-content
and for teaching- learning process also. As of today, there is an urgent need to realize
the utilization of Internet of Things technology focusing on the awareness, extent of
content, and pedagogy so it can be practised safely by the students and teachers for
further improvisation. It will help for our future generation to think, analyse and get
more clearly and freedom about what they are doing and what is right or wrong as a
student becomes more Independent and self-reliant. So they will also carry these
responsibilities and values for the next generation. And with the internet of things they
will have more time for themselves to lead their dreams and passions and create their
own startups and professions and this all will be helpful for our country to making of
an Atma- nirbhar Bharat.8 So basically, this study has specific research questions and
objectives in order to gather data for the same. This study shall shed light on the use
of IoT for quality education and for a better future of education.
Objectives of the Study

1. To determine the awareness level of teachers with regard to the use of IoT for the
teaching-learning process.
2. To determine the awareness level of parents with regard to the use of IoT for
education.
3. To determine whether IoT increases the interest of students for learning.
4. To identify the different security issues faced by students using IoT for their
academics.
Research Methodology
The design of the study was descriptive in nature. A normative survey by Questionnaire,
an Interest Inventory and a Structured Interview was carried out to explore the
awareness of teachers, students and parents with regard to the use of IoT for quality
in education and making students self-reliant for future. The analysis of the study
presents the status of technology in the form of IoT providing quality education and it
provide a strong base of understanding that students should have to think about
themselves in the form of creativity and innovation for future start-ups. This analysis
was based on the awareness, frequency of the uses of IoT and safety practices
through randomly selected students, teachers and parents of students.
Sample
The sample for the study was taken through simple random sampling. The students,
their parents and teachers were selected randomly from the schools of south-west
Delhi zone. The sample size for students were 150 from different schools, 30 teachers
and 30 parents of students. Tools for the study were questionnaire, Interest inventory
and structured interview.
Results and Discussion
The results of the study helped the different stakeholders, and suggested a flawless
teaching-learning model for improvisation on some particular forum for a few
exceptional communities, with more exclusive approaches. Table-1 displays the
perceived effectiveness of IoT for quality content and productivity. From the given
Table-1 it is depicted that the majority of sampled 90% teachers, 76.6% students and
56.6% parents strongly agreed that IoT provides quality content for enhancing the
quality of education with its effective teaching process. It has been found that 73.3%
teachers, 83.3% students and 60% parents strongly agreed that IoT is easily available
and accessible for educational assistance. According to table-1 it has been concluded
that 53.33% teachers, 83.33% students and 50% parents strongly agree that using
IoT for education is a safe practice for everyone. 66.6% teachers, 70% students and
46.6% parents strongly agreed that IoT is an easy reach technology and it can be used
in repeatable mode. According to the findings it has found that 60% teachers, 76.6%
students and 56.6% parents strongly agree that IoT is time efficient technology along
with its cost-effectiveness, it is affordable for everyone nowadays. 83.3% teachers,
96.6% students and 76.6% parents are strongly agreed that using IoT means the best
medium of promoting globalization.
Table- 1 Different usefulness parameters towards using IoT for Quality education
S. Parameters Respondents Strongly Agree Strongly Disagree Neutral

No. (Statement No.) (N) (N)% (N)% (N)%
1. Quality Content Teacher-30 (27) 90% (3) 10% (0) 0%

Students-150 (115) 76.6% (15) 10% (20) 13.3 %
Parents-30 (17) 56.6% (12) 40% (1) 3.3%
2. Easily Available & Teacher-30 (22) 73.3% (4) 13.3% (4) 13.3%
Accessible Students-150 (125) 83.3% (16) 10.7% (9) 6%
Parents-30 (18) 60% (10) 33.3% (2) 6.6%
3. Safe Practices Teacher-30 (16) 53.33% (8) 26.6% (6) 20%
Students-150 (125) 83.3% (15) 10% (10) 6.6%
Parents-30 (15) 50% (15) 50% (0) 0%
4. Ease for PWDs Teacher-30 (10) 33.3% (20)66.6% (0) 0%
Students-150 (64) 42.7% (53) 35.3% (33) 22%
Parents-30 (8) 26.6% (10) 33.3% (12) 40%
5. Repetitive Teacher-30 (20) 66.6% (7) 23.3% (3) 10%
Technology Students-150 (105) 70% (35) 23.3% (10) 6.6%
Parents-30 (14) 46.6% (16) 53.3% (0) 0%
6. Time Efficient Teacher-30 (18) 60% (7) 23.3% (5) 16.6%
Students-150 (115) 76.6% (20) 13.3% (15) 10%
Parents-30 (17) 56.6% (12) 40% (1) 3.3%
7. Cost Effective Teacher-30 (10) 33.3% (15) 50% (5) 16.6%
Students-150 (127) 84.6% (13) 8.6% (10) 6.6%
Parents-30 (15) 50% (15) 50% (0) 0%
8. Productivity Teacher-30 (20) 66.6% (8) 26.6% (2) 6.6%
Students-150 (130) 86.6% (10) 6.6% (10) 6.6%
Parents-30 (12) 40% (10)33.3% (8)26.6%
9. Effective Teaching Teacher-30 (22) 73.3% (7) 23.3% (1) 3.3%
Process Students-150 (140) 93.3% (5) 3.3% (5)3.3%
Parents-30 (12) 40% (3) 10% (15) 50%
10. Promote Teacher-30 (25) 83.3% (5) 16.6% (0) 0%
Globalization Students-150 (145) 96.6% (5) 3.3% (0) 0%
Parents-30 (23) 76.6% (6) 20% (1) 3.3%
According to the results of interest inventory (Chart-1), it was found that (76.6%)
students strongly agreed that using IoT in education for quality is one of the best
things. Students agreed that IoT can be used in different ways and have so many
benefits as it is a very strong technology for transactions to help students and teachers
for the teaching-learning process and it provides assistance in forming a suitable
content as well as learning of it. They also agreed that IoT may be the best medium to
convey their thoughts, creativity and innovations in future.
Chart-1 Results of Interest Inventory
Different Security Issues related using IoT for academics:

It has been seen that the risk of threats by using IoT in education increases as they
become more reliant on open environments. So, identifying these threats before time
and applying the right tools and techniques for solving these problems is the best way
to secure the system on which students are using IoT.9 Every educational institution
should follow reliable strategies to secure the use of IoT technology for education.
Table-2 Different Security Threats using IoT in Education

Concluded Parameters Statement for Frequency (%)
Interview Questions Teacher(30) Student(150) Parents(30)
(a) Lack of user’s knowledge and awareness 37% 56% 7%
(b) Management of IoT device updating process 40% 42% 18%
(c) Cybersecurity threats 36% 52% 12%
(a) Lack of user’s knowledge and awareness: In different security issues in using
IoT for education user’s knowledge and awareness is the first thing that is most
important for using IoT. According to the study it was found that many teachers,
students and their parents were unaware about the usefulness of IoT and has lack of
knowledge of using IoT such as smart boards, as well as connected other systems
and lightning systems, etc.
Chart-2 (a) Lack of user’s knowledge and awareness
(b) Management of IoT device updating process: It has been seen that the management
of IoT devices and its updating process is very important to protect the overall network
of IoT working in educational institutions. There are several tools and techniques that
educational institutions must consider for securing IoT infrastructure. It’s a very
essential part of the IoT device that it should be updated from time to time for good
functioning.
Chart-2 (b) Management of IoT device updating process
(c) Cybersecurity threats: Cyber-crime and cyber-security is the prime and very
common word in the world of the internet. Schools, universities and other institutions
should take a proper stand to prevent these threats. Nowadays the “learn and protect”
approach is very demand-able for security reasons in using IoT for quality in education
(Jeff Jennings, 2019).10 Malware and cyber-criminals are increasingly targeting IoT
devices nowadays, so anti-malware and anti-virus software should be used for them.
Schools and universities devices of IoT should be up to date on threat intelligence and
policies should be of minimum connectivity system risks.
Chart-2 (c) Cybersecurity threats
Findings of the Study

The findings of this research, supported by an Interest Inventory (Chart-1), Structured
Interview (Table-2, chart-2(a), 2(b) & 2(c)) and Questionnaires (Table-1), showed
that the participants would love to practice IoT in their academics. They wanted to
use it both within the classroom and out of doors for their betterment. They believed
that by practising it, they might achieve efficiency in learning as it increased their
interest and retention power with repetitive facilities. Moreover, most students
appreciated the actual fact that IoT is used anytime. Therefore, students were
interested to hold it in their smartphone and use it during their free time and study
time also, so the student’s interest in becoming an autonomous learner was quite vivid
during this process. The Internet of things helps us in reducing inequality in the
quality of our education system and everything is available for students across different
educational institutions. But now it becomes a good reason by bringing qualified faculty
for students through online learning and it is a very appreciable initiative of the
government with the help of iot students can access online classes and other platforms
which will be very helpful and motivating for the self development of students. Students
will be self-reliant for their study independently and learn more and more because it
was assumed that traditional methods have not any scope for creativity. So with iot
and online learning students can enhance their creativity and make them dependent on
their own education through internet of things save the time as we have some negative
sides of traditional method of teaching like gossiping Peer bullying class bunk extra
with internet of things students can access quality content as well as they have a room
for enhancing creativity and innovation. Further, it was quite helpful for teachers also
because with the help of IoT teachers could see which student needs more attention
and hard work.11 Other processes within IoT technology helps for creating study plans,
managing study time-table and more. Teachers will be able to pay more attention to
his/her teaching and research works because then appropriated tasks could be performed
by connected smart devices with IoT. This digital transformation of the Internet of
Things has exposed the new insights and opportunities that have the ability to vary the
way in which we can predict, learn and apply things in our world and more exclusively
within the longer period of education system.
The IoT has influenced education in lots of different ways like, it’s the asset of
intelligence, which permits every educational institution to prepare more informed
databases, in a shot to boost operating efficiency, teaching-learning experiences and
different dimensions of security. It can be concluded that IoT would bring boundless
positive time foreseeing its immense perspectives, it will goes to be single identity
changing characteristics for the education industry within the longer term. 12 There
are plenty of scholars who use laptops for noting down. Other tasks, like doing
research works would also be easy with the aids of IoT. Thus, in present time many
teachers are switching with the ‘smart’ systems of transformable and long-lasting
technology, providing students with tablets, smartphones and laptops. Today with
IoT they might have an experience of improved educational settings easily, at
homes.13 This might provide a supplementary assistance for their classroom education
and confirm that they get current updated information altogether. Students could search
and verify information without wasting their time wandering here and there. People
with other disabilities also like children with Attention Deficit Hyperactivity Disorder
(ADHD), dyslexia and others are helped effectively by the Internet of Things. The
results of the study would be more understandable and comprehending for overall public
as well as individuals.
Conclusion & Suggestions
It has been seen that the dearth of sustained analysis culture round the use of technology
in teaching-learning practices may be a matter of concern since the origin of
the establishments. This warrants that more studies have mentioned all dimensions
of IoT with their productivity level which may facilitate educators, and learners of
present time to find out the results of processed knowledge practising by everyone
who is related to education system, it shows completely distinctive teaching-learning
trends and with success magnitude relation of those applied strategies. Additionally, we
can provide a wide range of different applications and information using by
IoT conjointly to examine the world for enhancements in varied sections supported
age, gender, caste, creed or category, region etc. The results of the study helped the
selection manufacturers, and prompt best teaching model for enhancements on
some specific platform for many specific communities, with a lot of specialised
approaches. IoT will prove helpful for the interactions between teacher/student and
for the automation of processes, and thus, the aggregation of knowledge coming
back from completely different sources that build the Internet of Things
(IoT) substantially effective for teaching-learning method.
This digital transformation has discovered new insights that promise to vary
the approach we tend to predict, learn and implement things in our education for future
and quality base education specifically for longer in education system. But now due
to covid-19 pandemic it becomes a good reason by bringing online learning for everyone.
And with the help of IoT students can access online classes and other platforms
which will be very enriching and motivating for the self-development of students.
Students will be self-reliant for their study independently and learn more and more
because it was assumed that traditional methods have not any scope for creativity. So
with iot and online learning students can enhance their creativity and make them
dependent on their own education through internet of things save the time as we have
some negative sides of traditional method of teaching like gossiping Peer bullying
class bunk extra with internet of things students can access quality content as well as
they have a room for enhancing creativity and innovation. It will help for our future
generation to think, analyse and get more clearly and freedom about what they are
doing and what is right or wrong as a student becomes more Independent and self-
reliant. So they will also carry these responsibilities and values for the next generation.
And with the internet of things they will have more time for themselves to lead their
dreams and passions and create their own startups and professions and this all will be
helpful for our country to making of an Atma-nirbhar Bharat. This study concludes
that to seek out the potential of IoT for quality education for making our students self-
reliant and the way to maximise its advantages whereas distinguishing its
security problems, management problems and reducing those problems to gain
maximum benefits from it. Therefore, this analysis work is for addressing the
standard education for artistic movement learning through IoT implementation for
futuristic quality education in the form of digital India and Atam-nirbhar Bharat theme.
However Internet becoming an important thing in our lives, the pressure mounts on
the IoT technology manufacturing and implementation firms to ensure that it serves
the purpose well without endangering students future and life also. It is essential to
give proper awareness to the school students regarding the Use of IoT in a secure
way and knowledge of cyber threats and appropriate way of practice in the world of
IoT. Necessary guidelines should be provided to make use of IoT for regular learning.
Students may be made aware about the positive uses of IoT and should be warned to
prevent cybercrimes and internet misuses. As the concepts of Internet is going day by
day, so the online education system should might capable of being the livelihood of
students in future.
(Endnotes)
1. Indu Rao, “Online Education: A Way Forward Towards AtmaNirbhar Bharat”

available at https://digitallearning.eletsonline.com/2020/05/online-education-a-
way-forward-towards-atma-nirbhar-bharat/
2. L. Sergey, “IOT in Education: 5 Solutions For Schools and Colleges to Modify
Learning Process “, available at https://www.cleveroad.com/blog/iot-in-education-
main-solutionsiot-brings-to-educational-sector_(Visited on February 8th, 2021).
3. Akshay Bhole, “Top 10 Companies funding education CSR projects in India,

available at :https://csrbox.org/India_CSR_news_Top-10-companies-funding-
education-CSR-projects-in-India_38-(Visited on February 8th ,2021).
4. Digital India for Atmanirbhar Bharat- Transforming the Rural Areas, available
at:https:/aatmnirbharsena.org/blog/digital-india-for-atmanirbhar-bharat_(Visited on
February 10th, 2021).
5. National Centre on Education and the Economy National Center on Education
and Economy New Commission on the Skills of the American Workforce (November
2005), available at: http://www.ncee.org/wp-content/uploads/2013/10/India-
Education Report.pdf_(Visited on February 10th,2021).
6. Mark Weiser, “The Computer for the 21st Century: Scientific American”1991"
September Scientific American 94-104 (1991), available at :https://www.Iri.fr/
-mbl/Stanford/CS477/papers/Weiser-SciAm.pdf_(Visited on February
10th,2021).
7. H. F. Elyamany and A. H. Alkhairi, “IoT-academia architecture: A profound
approach,” 2015 IEEE/ACIS 16th Int. Conf. Softw. Eng. Artif. Intell. Netw. Parallel/
Distributed Comput. SNPD 2015-Proc., 2015 available at
h t t p s : / / w w w. r e s e a r c h g a t e . n e t / p u b l i c a t i o n / 2 8 1 2 7 6 2 9 3 _ I O T-
academia_architecture_A_profound_Approach_(Visited on February 11th, 2021).
8. Supra note 8.
9. A. Jurcut, T. Niculcea, P. Ranaweera , and A. LeKhac, “SecurityConsiderations
for Internet ofThings: A Survey” 1Springer SN Computer Science 193 (2020).
10 R. Samani R. 3 key security challenges for the Internet of Things available at:
https://blogs.mcafee.com/mcafee-labs/3-keysecurity-challenges-internet-things-
2_(Visitedon February 12th, 2021).11M.Rouse. “What is Internet of Things (IoT)?.
Definition from WhatIs.com”, available at: http://internet of things agenda.
techtarget.com/definition/Internet-of-Things-IoT._(Visited February 12th , 2021).
12 Ritesh Mehta, (2018). “Artificial Intelligence and the Internet of Things Techs,
Together at Last: Enterprise Technology.” https://customerthink.com/five-ways-
the-internet-of-things-is-changing-for-education-and-learning/
��
Startup and Legal Challenges 203
21
Startup and Legal Challenges
Dr. Gurujit Singh

Assistant Professor
Abstract
The role of entrepreneurs in the socio economic development of society is commendable.

As the government is promoting the private sector and minimizing the role of governance
has reflected in rise in the numbers of entrepreneurship. To encourage and promote the
entrepreneurship, the government has initiated various proposals for start-ups. These
developments are commendable initiatives from the government for the younger
generation to take a lead in commercial arena. However, due to the nature of technology
available enhancing our accessibility and reach from local to global, it is prone to
legal issues also. From that perspective the paper highlights certain legal issues which
every start-up have to keep in mind during their adventure to entrepreneurship. The
author beliefs the issues are uniformly applicable to every kind of start-up. While
initiating the star-tup certain issues has to be taken care so that start-up doesn’t invite
unnecessary legal problems. The paper attempts to recognize certain legal issues to be
taken care for the start-ups.
Key words: Atmanirbhar, Copyright, Trademark, Privacy, Data protection, Trade secret.
Introduction
Atmanirbhar Bharat is all about believing oneself. Creating the capability at the domestic
level so that as nation we become self-reliant and self-sufficient. Atmanibhar as a
concept is very important in the polarized world where the world has seen the rudeness
of developed states during Covid19 times. Prime Minister Narender Modi has unveiled
the Atmanirbhar policy in 12th May 2020. From then onwards government of India
has announced two packages on 12th October & 12th November 2020 to bring economic
stimulation to the tune of Rs. 29.87 lakh crore. The government has given the slogan
of vocal to local and make for the world to orient the purpose of the Atmanirbhar
goals. In fact India has achieved various milestones during difficult times with the
help of this policy. This policy is a landmark economic initiative inspiring the young
and creative minds to come forward and be the driver of the economy. Though the
young mind need to aware about certain concepts of law to avoid any legal issue.
Privacy
The issue of privacy is like an old wine in new bottle. The concept has been refreshed
in the contemporary development on the issues around the world. The courts in India
were having non-uniformity about the right of privacy and role of the state. Recognizing
the importance of the privacy information, the Apex Court in India has recognized the
fundamental right to privacy in the Puttaswamy1 case. The 9 judge bench held that
privacy is intrinsic part of right to life under Article 21 and therefore fundamental right
of the individual to maintain his/her privacy. The court recognized that the right is not
absolute and state can allow restriction as per legitimate aim of the state and maintain
the proportionality to the objectives to be achieved. Keeping the above developmentin
mind the start-ups have to take a call not to violate this sacrosanct fundamental right.
Though various technological measures are available in cyberspace which facilitates
its violation. Such uses of privacy information for commercial benefit will unnecessary
invite legal problems. Therefore, a start-up should not be involved in violating the
privacy of customers.
Data Protection
Data is a systematic collection and analysis of information. Collection or generation of
data is not new. Hence it never created much serious discussion on the issue of data
collection, analyses etc. However, the Information Communication Technology by its
sophisticated tools has opened the scope for diverse use of data. Now data has been
actively used to analyze various critical situations and very important in decision making.
However it has negative impact also if used with nefarious purpose to influence public
opinion or so on. The case of Cambridge analytics is perfect example of it. Therefore
data has to be wisely used and manipulated. The privacy case of Puttaswamy has
highlighted the importance of privacy and data protection in India. The court has
directed the government of India to formulate policy and rule regulation for the collection
and use of data. Developed States around the world have in majority very strong data
protection laws. India does not have specific legislation for the data. Following the
UNICTRAL Model of Ecommerce India has Information Technology Act 2000 which
is widely used for commercial purposes. However, the Act has been revised substantially
in 2008 to accommodate other issues also.
Section 43A of the Act deals with the negligence in using reasonably security
practices and procedures in protecting sensitive information which result to wrongful
loss or wrongful gain. Further section 72 deal with the criminalizing the act of the
government official if disclose the records and information accessed by him during
the course of their duties without the consent of the concerned person’s consent.
Further section 72A criminalizes the act of service provider if they disclose the personal
information of the person without their consent or in breach of a lawful contract
causing wrongful loss or gain.Analyzing the inadequacy of the laws, the Apex Court
has directed the government to formulate the laws on the issue of data protection.
Justice B. N. Srikrishna has submitted report to the government with this regards.
Based on that report the Personal Data Protection Bill was introduced in fordiscussion
on 2019. Government understanding the nature and significance of data is doing the
respective redrafting to make it conducive to national and international requirements.
In absence of dedicated legislation in this regards the Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011 deals with the data protection in India currently. The Rule
defines the sensitive personal data or information2 inclusively as password, financial
information including bank account, credit card or debit card, health conditions
(physically, mentally, and physiologically), sexual orientation, medical records and
biometric information.Section 4 of the Rule guide the body corporate or any person
who collect, review, stores or handle information to provide a privacy policy
framework for its use and handling of information. The same should be available to all
to view. Section identify the area of focus on privacy and data policy i.e., types of
sensitive information collected, purpose of collection and usage, disclosure of
information and reasonable security practices. The above guidelines as prescribed
under the Rule has to be followed while collecting and using data. Misuse of it will
attract the penal provision under the Information Technology Act, 2000.
Copyright
Copyright deals or regulate the creativity of expression in various modes. If the start-
up or the business is about creativity in various modes, than the person concerned
need to be aware about the copyright issues. Apart from the above argument, it need
to be appreciated that copyright is the most easiest creativity knowingly or unknowingly
continuously created by human beings. As already said the concept of copyright
encourages the creative and original work of authors. The Copyright Act recognizes
certain specific mode of creativity and defines them as usical, sound recording and
cinematography.3 The Act defines elaborately each and every subject matter under the
Act. With the emergence of technology in general and internet in specific the scope
and subject matter of copyright has been expanded. Further, the Indian Copyright Act
assigns economic and moral rights to the authors and owners of the copyright work.
Economic rights include the reproduction rights, publication rights, derivative rights,
translation rights, adaptation rights etc. Since these rights are economic rights, therefore
they are protected for a certain period of time under the Act depending on the nature
of rights. Chapter V of the Copyright Act deals with the term of copyright for various
kinds of work and its protection. However, moral rights are different from economic
rights as they are not related to economic aspect of the copyright protection. It deals
with the claiming authorship and restrain from distortion, mutilation and modification
of work of author.4 The moral rights are specifically meant for the authors of the
copyright work and not the publishers or any other person. These rights subsist with
the author for perpetuity.
However, for claiming any rights under the Act, first of all the work of the authors
have to be original in nature. It should have some creativity or originality of expression.
The Apex Court in the famous Eastern Book Company & Ors v. D.B. Modak5 case
the court has cleared the test or level of originality required for the copyright protection
under the copyright law. The court upheld the Canadian test of originality that is the
work must be an “exercise of skill and judgment” and not creativity, more than just an
application of labor and capital. Creator has to do clear assessment of their work from
this point of view. Since copyright is an intellectual property right, it is transferable
also. The transfer of rights under the copyright Act is different from other traditional
property rights. The copyright Act recognize only two mode of transfer i.e., assignment6
and licensing7. Copyright maintain a balance between the private rights of the author
or owner and public need or rights. It recognizes the concept of fair use8. They are
considered as exception i.e., in some specific cases the exploitation of copyright
work without the permission does not violate the copyright law as such use is allowed
under the Act. Most of the fair use are related to educational, research purpose of the
use of copyright work. The famous case of University of Oxford v. Rameshwari
Photocopy Services9 is the current example of the use of the fair use concept to
defend the university stand with regards to use of copyright work. Apart from it the
Copyright Act provides the concept of neighboring rights. Under the concept of
neighboring rights the Performers, Performance and Broadcasting rights are elaborated
under the Act. The Act provides enforcement mechanism of civil, criminal and
administrative nature to deal with the violation copyright infringement. The Act deals
with copyright violation or infringement. The test to determine infringement is laid
down in the case of R. G. Anand v. M/s Delux Films10. The court held that (1) if the
reader, spectator or user/customer after viewing, reading or listening both the work is
clear of the opinion of that they are same work. This test is also known as “lay
observer test”. (2) No copyright in an idea, subject matter, themes and plots of historical
facts etc., (3) Idea cannot be copyrightable, (4) Idea and Expression are two different
things. While idea cannot be copyrightable, the expression can always. If there multiple
expressions out of one idea, then expression to some extent will be similar. In deciding
the issue of infringement of copyright works all these factors have to be taken care.
Patents
The concept of Patents under Indian Patent Act, 1970 deals with the innovation of
product or the process. The Act provides the criteria of getting patent rights are
novelty, innovativeness, non-obviousness. All patents are invention of some category,
however every innovation not necessary to be a patents. The Indian Patent Act 1970
provides the list of innovative things which are not protected under the concept of
patents. Either they are against public policy of the state11, ethical12 issues or not
having innovativeness13. The Act provides the rights to the owner of the patent rights
to exclusively manufacture or produce the product for 20 years.
Trade Marks
The concept of trademark is used to identify the business and product. Trade mark is
the unique identity of the product useful for the customer to distinctive from similar
products in the market. Trademark on the product helps in marketing the product as
distinctive one. Therefore, trademarks have to be wisely selectedbythe owner/company.
Trademark can be registered with the trademark office after fulfilling the requirement.
It can also be created without being registered but using for a long period of time,
creating distinct identity in the market by the users. Once registered the trademark is
with the owner for 10 years to be subsequently renewed again and again.
Trade Secret
Trade secret is all about the confidentiality of the work and therefore the most important
issue in business world. Every organization small or big has some secret about the
functioning of the business, product processing, business methods etc. The success
of the business depends on the maintaining confidentiality/secrecy of this unique
character of business. Once it is known to the outside world or competitor, there are
fair chances of economic loss. Therefore, it has to be maintained zealously. There are
plenty of examples in the commercial arena of various trade secret and its violations.
Now with the digitalization of the commerce and ease of dissemination of information
across the world has created more scope for violation of trade secrets. Analyzing the
things from Indian perspective startups or atmanirvar can have their own trade secrets.
However, unlike other countries, India does not recognize the trade secret as Intellectual
Property. Here we rely on the traditional contractual under common law mechanism
to protect the trade secrets. Non-disclosure agreements are used as primary means to
protect the information. Apart from that the court has also recognized the validity of
restrictive clauses in agreements. Indian Judiciary in various cases has appreciated
the rights of the employers from employees or ex-employees. In case of VN Deshpande
v. Arvind Mills14 the Bombay Court upheld the negative agreement as it was to protect
the dissemination of secret information by employee after termination from job. Court
said such action is reasonable and justified in law. However, in case of John Richard
Bardy v. Chemical Process Equipment P. Ltd.15 the court stretching the equitable
protection under the common law system has extended the protection even in absence
of contractual terms. Court awarded the injunction to the employer on the basis of
implied obligation on the part of employee to maintain confidentiality. The Government
of India had initiated the bill named National Innovation Act, 2008 in this direction
to protect the confidentiality, trade secret information. However, it needs attention
once again in case of start-ups.
Jurisdiction
The issue of Jurisdiction of the court has its own significance for all of us to understand.
Jurisdiction of the court refers to the domain and power of the court to adjourn the
issues before them. Though it is the procedural issue of law, the State devised the rule
for jurisdiction of the court very systematically. Understanding the fundamental of

jurisdiction is important so that it can be wisely used by the entrepreneur for its own
advantage. Though there are fundamental principles of jurisdiction but on some specific
issues the jurisdiction of the court differs.Generally jurisdiction in India and abroad on
civil issue is defendant centric i.e., the place of residence of defendant or lace of
cause of action.16 However, the law provides the scope for the parties to decide
mutually the court of jurisdiction between them on contractual matters. There has
been tremendous development on the subject of jurisdiction in recent times. Now
cyberspace is very dynamic space allowing the parties to come together to form
contract. It is a good new space of opportunities for the users. Many start-ups have
started on the electronic platform. Due to its reach to local to global level it raises the
pertinent legal issues of jurisdiction. The active judicial has played a major role in
developing the new legal jurisprudence for jurisdiction.
Court following the international development in many countries around the world
has adopted the sliding scale17 test and effect18 test of jurisdiction. Sliding scale test is
based on the interactive or passive nature of the websites. If the website is of interactive
nature, then the place where of interaction happen the court of that place can have the
jurisdiction. The access to passive nature of website does not invoke the court
jurisdiction. The Indian Court in Banyan Tree19 case and Super Cassette20 case adopted
the both tests in India. Apart from that there are certain special jurisdiction allowed
under various laws. In particular Indian Copyright Act, 195721 and Trademark Act22
provide the special kind of jurisdiction to the court. This special jurisdiction is plaintiff
centric i.e., place or residence of plaintiff. This is a unique jurisdiction only applicable
in these two cases. Adding to it jurisdiction is cyber space can be created mutually
between the parties also. Like the social media giants whatsapp, facebook, gmail,
yahoo etc., they create the jurisdiction mutually with the users. The terms of the
contract of these websites at the initial stage take the consent of the user with regards
to jurisdiction of court in their respective states. So for all future disputes the jurisdiction
will be foreign state’s court. Following the above example, the start-ups that are using
the social media or cyberspace can fix the jurisdiction as per the above examples.
Applicable Law
Depending on the nature of business from one or the other platform the knowledge
about the applicable law is required. The common law system of the law allow the
parties in case of cross border contract to decide the applicable law with rider that it
should not be contrary to the public policy of the state. If the parties do not decide the
applicable law at the formation of the contract, it has to follow the principles of
private international law on the issues. Indian private international principles are
adequately developed through judicial activism in this regards. Since many of operations
are prevailing through social media platform, there are examples of choice of law
formulated by them. In the terms of contract the social media platform in cyberspace
decide the applicable law for all future disputes. The same can be followed with the
flexibility by start-ups.
Conclusion
The young minds need to be aware about the legal issue when they deal publicly with
the product and services. The above discussion issues are very common. Every start-
up has to deal with them. While certain laws are adequately developed, some are still
in the process of getting proper shape. Awareness regarding these laws can save the
stakeholder from doing mistakes. The Government needs to amend the laws on the
crucial legal issues to make the Atmanirbhar policy efforts more secure and successful.
The adequate legal support will boost up the confidence of the public in policy and
contribute accordingly.
(Endnotes)
1. Justice K. S. Puttaswamy (Retd.) v. Union of India 2017(10) SCALE 1
2. Section 3, Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011
3. Section 14, Indian Copyright Act
4. Section 57, Indian Copyright Act
5. (2008) 1 SCC 1
6. Section 18, 19, 19A of Copyright Act
7. Chapter VI of Indian Copyright Act comprising section 30 to 32B.
8 Section 52, Indian Copyright Act
9. (2016) 160 DRJ (SN) 678
10. AIR 1978 SC 1613
11. Section 3 Indian Patent Act 1970
12. Id.
13. Id.
14. VN Deshpande v. Arvind Mills AIR 1946 Bom 423
15. AIR 1987 Delhi 372
16. Section 20, Civil Procedure Code
17. Zippo Mfg Co. v. Zippo Dot com. Inc. 952 F.1119
18. Calder v. Jones 456 US 783(1984)
19. Banyan Tree Holding (P) Limited vs A. Murali Krishna Reddy & Anr . 2010
(42) PT361 (Del).
20. Super Cassettes Industries Ltd. v. Myspace Inc. & Anr. 2011 (48) PTC 49
(Del)
21. Section 62, Indian Copyright Act 1957
22. Section 134, Trademark Act 1999
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22
Election Commision of India:

An Emerging Issues & Challenges
Dr. Rakesh Kumar Dr. Avni Sharma

Associate Professor Associate Professor
USLLS, GGSIP University Samrat Prithiviraj Chauhan Government College
Delhi Ajmer, Rajasthan
Abstract
Representative democracy under supervision of the most credible public institution

like Election Commission of India is our pride. The election commission of India is
one of the most remarkable institutions of India with a sterling integrity with the
prime objective of safeguarding India’s Electoral democracy. It has been successful in
translating the spirit of democracy into free and fair election by gradually evolving
the election process that is having global credibility. Free and fair and periodic election
is reflective of people’s choice and trust. Since its inception in 1950’s and starting
from pictorial ballot box to Electronic Voting Machine under the unified command of
Election Commission of India is outstanding achievements of India’s representative
democracy. It has taken numbers of measures to counter undemocratic subversion by
controlling and containing unrestricted use of money and muscle power by introduction
of Model code of conduct, voters education, election expenditure monitoring in long
process of experimentation and innovations and self correction to restore people’s
confidence in participatory democracy. In this chapter an attempts is being made to
analyse firstly, the evolution, and change in composition of Election Commission of
India, and secondly the power and functions of Election Commission of India and
critically analyse the emerging challenges to India’s election managements body in
evolving vivid dimensions of democracy.
Keywords: Fair Election, Election Commission, Democrcy, Institutional Fairness.
Introduction
“The Preamble of the Constitution of India declares that India is a democratic republic.
Democracy being identified by the judiciary as one of the basic feature of our
Election Commision of India : An Emerging Issues & Challenges 211
constitutional set up and free and fair election of our legislative bodies are essential
prerequisite for the growth of vibrant representative democracy in the country”1. The
Constitution makers decided to establish parliamentary democracy based on free and
fair election. For election management’s one centralised independent constitutional
authority in the form of Election Commission of India was established to supervise
the conduct of election to office of President of India, Vice President, Union Parliament
and State legislature of various States and Union Territories. The Election Commission
of India has performed exceedingly well in perfect planning’s and execution of entire
election exercise. The present chapter is divided into the following parts for the sake
of convenience. (i) The basic rationale for the establishment of Election Commission
of India as autonomous constitutional authority by the Constituent Assembly and its
terms and conditions of service etc. (ii) The changes in compositions of Election
Commission and judicial response. (iii) The power and functions of the Election
Commission of India. (iv) The emerging challenges in conducting free and fair election
in India. (v) Concluding Observations. The concern of free and fair election was at
the core of the Constitution makers. In fact, when Constitution was being framed, the
Drafting Committee on Fundamental Rights was of the view that “the independence
of the election and the avoidance of any interference by the executive in the matter of
election to be recognised as Fundamental Rights and provided for in the chapter dealing
with Fundamental Rights”2. However, the Constituent Assembly, were of the view
that, “in the interest of the purity and freedom of election to the legislature bodies it
was of the utmost importance, that election should be free from any kind of interference
from the executive of the day but rather than its inclusion in Part III of the Constitution,
there should be separate Part dealing with the election matters”3 to avoid interruption
of election process from judicial challenges.
Therefore, just to ensure the purity of election process the responsibility to hold
free and fair election in the country was be entrusted to in independent body which is
insulated from political and executive interference in contrast to other democracy,
where election is being supervised by representative of political parties or judicial
officers barring few exception. Thus, the constituent assembly provided for independent
and effective institution in the form of Election commission of India which has proved
its efficiency and accountability of the election process because of its commitments
to free and fair elections and its concerns that citizens should exercise their franchise
without any intimidation or discrimination by the State Governments4. Articles 324-
329 of the Constitution of India provide the frame work for the enactment of enabling
laws and establishes appropriate machinery for the conduct of election.Article 324 of
the Constitution provides for the establishment of institutions of an Election Commission
of India, ‘to superintend, direct and control’ the Election. The Election Commission
of India is an independent all India Constitutional authority having jurisdiction over the
preparation of electoral rolls and the elections to Parliament, State legislature, office to
the President and Vice President.5 The basic rationale for setting up Independent Election
Commission was put forwarded by Dr. Ambedkar during Constituent Assembly Debate
on 15 June, 19496 “the constitution of one central body, the Election Commission
having control over the entire election process in the country is done to prevent
injustice which could be done by Provincial or State legislature against any section of
the people on the basis of race, culture, religion and language by removing their name
from electoral rolls in the matter relating election” 7. During the framing of the
Constitution, many members of the constituent assembly were having apprehension
that minorities would be discriminated by the Provincial Governments.
Constitution of Election Commission:

Article 324(2) of the Constitution of India provides, that, “the Election Commission
shall comprise of the Chief Election Commissioner and such number of other Election
Commissioner if any, as the President may determine”. It further provides that, “until
the Parliament makes and law in that behalf the Chief Election Commissioner and
other Election Commissioner to be appointed by the President”.8 In reality when the
Constitution was being framed, there were two options before the drafting committee
firstly, “either to have permanent body comprising of four or five members of the
election commission or to permit their Presidents to have an ad- hoc body appointed
just before election. But the drafting committee adopted a middle path to have permanent
office called the Chief Election Commissioner consisting of one person so that the
skeleton machinery would always be available”9. It is true, that generally elections
takes place after every five year but the house may be subject to pre-mature dissolution
before the expiry of five years term and there may be a issues of by-election which
may take place within six months from the date of vacancy in that office . Therefore,
the electoral roll will have to be kept updated and ready on periodic basis so that
election may take place without any hassle. Article 324(3) of the Constitution of India
provides that, “when any other election commissioner is so appointed, the chief election
commissioner shall act as chairman of the Election Commission”.10 The Institution of
Election Commission came into being on 25th January 1950 but the first election
commissioner11 was appointed on 21st March 1950. Bringing Article 324 in force
before the commencement of the Constitution reflects the urgency and significance
accorded to the free and fair election by the Constituent Assembly12.
Appointment Of Chief Election Commissioner And Other Election

Commissioners:
Article 324(2) of the Constitution of India provides that, “the Chief Election
Commissioner and Election Commissioner, if any shall be appointed by the President
subject to any law made by Parliament in that behalf”. During the constituents assembly
debate an amendments was proposed by Prof Shibban Lal Saksena, that appointment
of Chief Election Commissioner and other Election Commissioner if any, should be
made subject to confirmation by Parliament by 2/3rd majority which was supported
by many members of the constituent assembly including Pandit Hriday Nath Kunjuru13
but it did not find favour with other members and they thought that it would be better
to left to the Parliament to regulate in such manner as deemed appropriate14. The
Dinesh Goswami Committee on electoral also suggested that appointment of Chief
Election Commissioner and other election commissioner to be made by President of

India in consultation and concurrence with Chief Justice of India and leader of
Opposition in Parliament and Chief Election Commissioner should also be consulted in
the matter of appointment of other Election Commissioner.15 Thereafter, the Constitution
(70th) Amendment Bill 199016 was introduced for this purpose but the bill was withdrawn
in 1993, before it could be enacted by Parliament as law regulating the matters of
appointment of Election Commissioner.Therefore, the all appointment of Chief election
Commissioner and other Election Commissioner is made by President on the advice
of Council of Ministers headed by the Prime Minister without following any consultation
mechanism and it is a miracle that all the erstwhile Election Commissioner have discharge
their responsibility with utmost integrity and with complete trust of the nations.
Qualification and Conditions of Service of Chief Election
Commissioner and other Election Commissioner:
The Constitution does not prescribe any qualification for appointment to the office of
Election Commission of India but by a constitutional convention only senior civil
servant of the rank of the cabinet secretary or secretary to Government of India or of
equivalent rank are appointed as Chief Election Commissioner and other Election
Commissioner17.Article 324(5)18 provides that the conditions of service of the Chief
Election Commissioner and other Election Commissioner and their tenure of service
shall be regulated by parliament by law. However, in the absence of such law the
President shall determine by rules all such matters. First proviso to Article 324(5)19 of
the Constitution of India says, “The Chief Election Commissioner shall not be removed
from his office except in the like manner and on the like ground as the judge of the
Supreme Court and his conditions of service shall not be varied to his disadvantage
after his appointment” 20. Second proviso to Article 324(5)21 of the Constitution of
India provides that, “no Election Commissioner shall be removed from office except
on the recommendation of the Chief Election Commissioner”.Until 1991 the matters
related to condition of service and tenure of Chief Election Commissioner was
determined by the President under Chief Election Commissioner (Conditions of service)
Rules 1972. Under this, the tenure of office of Chief Election Commissioner was
fixed as five years and he was given salary and allowance equivalent to secretary to
Government of India22.
Change in Composition of Election Commission:
The appointment of election commissioner is extremely important for integrity, neutrality
and perception of the same in minds of common electorate. The Constituent Assembly
left it to President to decide whether Election Commission should be a single member
body or multimember body depending upon the requirement of the work in the
Commission. Since its inception in 1950 till middle of October 1989 the Election
Commission functioned as a single member body and all other Chief Election
Commissioners were of the view that Election Commission could function more
effectively and smoothly, if it was single member body. The Election Commission in
its report for 1986-87 as pointed out that three former Chief Commissioner have
opposed the idea of multimember body on the ground that quick decisions are needed
in election matters23 However, on October 7, 1989 the President in exercise of its
power under Article 324(2) decided to make it multimember body and appointed Shri
S.S. Dhanoa and Shri V.S. Seigell as Election Commissioners24. But on Jan 1, 1990 the
president again decided to convert multimember Election Commission into single
member body and terminated service of two newly appointed Election Commissioners25.
In S. S. Dhanoav. Union of India26, Shri Dhanoa challenged the President decision to
convert Election Commission to single member body on the certain grounds:-
1. “The Election Commissioner once appointed continued in office for his full tenure
as determined by Article 324 (5) and President had no power to cut short the
tenure27.
2. The election Commission being an independent body,its independent functioning
could not be eroded in any manner by rescission or abolishing or by removing
two election commissioners28.
3. The two notifications were mala fide because it was issued under the advice of
Chief Election Commissioners with the sole objet of getting rid of the petitioner
because Chief Election Commissioner was from the beginning ill disposed towards
the creation of the post of election commissioner29.
(4) His removal from election commission has affected him materially because for
joining as election commissioner, he resigned from posts of Chairman of Bihar
Public Service Commission”30.
On the other hands it was contended by the Respondent that under Article 324(2) the
President is having absolute power to determine the strength of Election Commission31.
The Division Bench of the Supreme Court comprising of M.H.Kania and P.B. Sawant
JJ. rejected the Petitioner contention on the following ground32:
(i) “The creation and abolition of the post is the prerogative of the executives. Article
324(2) leaves it to President to fix and appoint such number of Election
Commissioner as he may from time to time determine. The President has absolute
power to create the posts or to abolish them”33.
(ii) “With the abolition of the posts the service rule pertaining to those posts also
ceased to have effect and therefore the petitioner could not validly claim to continue
for the full tenure as fixed by service rules”34.
(iii) “In fact there was no need for the posts of election commissioner at the time of
appointment were made and in absence of a clear definition of their role in the
Election commission particularly vis-a-vis the Chief Election Commissioner the
abolition of post far from the striking at the independence of the commission
paved the way for its smooth and effective functioning”35.
(iv) “It is clear case of abolition of posts. Hence, the termination of service is not
open to challenge on the ground of any illegality or mala fides. Since petitioner
himself admitted before the Court that the Chief Election Commissioner was not
consulted”36 .
(v) Regarding the role of Election commissioner vis-a-vis-Chief Election Commissioner
the Court said “the election commissioner do not have the same power and the
authority as the Chief Election Commissioner and the Chief Election Commissioner
has the power to disregard and override the views of the election commissioner
and the abolition of posts least infringed on the independence of the Election
Commission”37 .
However the Court also remarked38:
“There is no doubt that two heads are better than one and particularly when an
institution like the Election Commission is entrusted with the vital functions
and is armed with exclusive uncontrolled power to execute them it is both
necessary and desirable that power are not exercised by one individual however,
all wise he may be”39.
After the Dhanoa decision the Parliament enacted the Chief Election Commissioner
and other Election Commissioner (Conditions of Service) Act, 1991 by which the
tenure of Chief Election Commissioner and other Election Commissioner, if appointed
were fixed to six years but the Chief Election Commissioner was to retire at the age of
65 years and Election Commissioner at age of 62 year whichever is earlier. Chief
Election Commissioner was given salary equal to Supreme Court Judge and election
commissioner salary was equal to high court judge40.In 1993, the President issued an
ordinance to amend 1991 Act41 . By the amending ordinance, the Chief Election
Commissioner and other Election commissioner inter alia placed at par in the matter
of their salary and tenure of Chief Election Commissioner and other Election
Commissioner was fixed as six years from the date of appointment subject to maximum
age limit of 65 years42.It was further provided that Chief Election Commissioner and
other Election Commissioner shall have equal power in the matter of decision making
and in case of difference of opinion the matter would be decided by majority43.
The Ordinance was later replaced by the Chief Election Commissioner and other
Election Commissioner (Condition of service amendment) Act, 1994.The president
appointed Dr. M.S. Gill & G.V.G Krishnamurty as two elections commissioner.
According to Shri S. Y Qureshi, Former Chief Election Commissioner, the appointments
of multimember’s Election Commission is, “near foolproof measures to ensure
fairness, neutrality and independence and for protecting the commission from any
allegation or perception of bias” 44. This has also helped the Commission to take
appropriate and timely decisions and negate any unnecessary controversies and
bitterness.
In T. N. Seshanv. Union of India45, the then Chief Election Commissioner Shri T.
N. Seshan challenged the decision of the President to make the Election Commission
as multimember body and appointment of two Election Commissioner on the following
grounds:-
(i) The appointments of two additional election commissioners had been made for
mala fide purpose because intention of the government was to sideline him and to
erode his authority so that ruling party at the centre could extract favourable
orders by using the service of newly appointed election commissioner46.
(ii) He challenged the Constitutional validity of the Ordinance (now Act) on the ground
that under the Scheme of Article 324 neither the Parliament nor the Government
had any power to frames rules for regulating the transaction of business of the
Commission and regulating the relation and status of Chief Election Commissioner
and other election commissioner47.
(iii) The Ordinance (Act) provisions that all decision of the Election commission shall
be taken as far as possible unanimously or in case of difference of opinion by
majority is arbitrary and unworkable48.
The five Judge Bench49 of the Supreme Court upheld the Constitutional validity of the
1993 ordinance (1994 Act) and laid down the following propositions50:
“The Chief Election Commissioner does not enjoy a status superior to election
commissioner. Though it is only in case of Chief Election Commissioner that 1st
proviso of clause (5) of Article 324 lays down that conditions of service cannot be
varied to the disadvantage of the Chief Election Commissioner after his appointment
but such protection is not accorded to other election commissioner but under the
Ordinance the Chief Election Commissioner and election commissioner are placed at
par with each other in matters of salary etc. the absence of such provisions for election
commissioner does not make Chief Election Commissioner superior to election
commissioner51.
1. The mere fact that Chief Election Commissioner can be removed in like manner
as the Judge of the Supreme Court whereas the election commissioner can be
removed on the recommendation of the Chief election commissioner but that is
not criteria for confirming higher status on the Chief Election Commissioner52.
2. Art 324 envisages a permanent body to be headed by permanent incumbent namely
the Chief election commissioner therefore, in order to preserve and safeguard his
independence he had to be treated differently because there cannot be election
commission without the Chief election commissioner. The election commissioner
is not intended to be permanent incumbent53.
3. The election commission may be single member body or multimember body
depending upon the decision of the President. The argument that multi member
body would be unworkable must be rejected because it would tantamount to
destroying clause (2) and (3) of Article 324.
4. The Constitution makers entrusted the task of conducting election in the country
to the Election Commission and not to the individual. The Commission discharge
the public function. The election commissioner form part of the commission and
therefore they must have say in the functioning of the commission. If the Chief
Election Commissioner is considered to be superior to in the sense that his word is

final, he would render the election commission non functional or ornamental.
5. The Chief election commissioner cannot exercise his power to recommend the
removal of the election Commissioner as per his whim and caprice and has to
exercise his power only when there exist valid reason which are conducive to
effective functioning of the election commission, as otherwise he would become
the instrument of oppression and destroy the independence of the Commission.
6. The functions of the chairman would be to preside over meetings, preserve order
and conduct the business of the day and ensure that precise decisions are taken
and correctly recorded and do all that is necessary for the smooth transaction of
the business.
7. The Parliament has power to make provisions for transaction of business of the
election commission under clause (2) and (5) of Articles 324, 327 and 328 read
with E-72 of L-I of the 7th Schedule of the Constitution.”
The Court further said that even if it is assumed that commission alone was competent
to lay down how it would transact the business, it would be required to follow the
same pattern of decision making by the rule of majority as has been set out in impugned
law.54
Power and Function of Election Commission:
The primary function of the Election Commission is to superintend, direct and control
of the preparation of the electoral rolls for and conduct of election to parliament and
to the legislature of the status and for the to the office of president and vice president.
1. Power to cancel poll in the entire constituency etc. Under Chapter IV of
Representation of People Act, the Election Commission shall have power to fix time
for poll under Section 56, adjournment of polls in emergencies under Section 57,
order fresh poll in case of destruction, damage or tempering with ballot boxes under
Section 58, adjournment of poll or countermanding of election on the grounds of
both capturing or to cancel the polls of entire constituency in case of destruction or
loss of ballot paper at the time of counting under Section 64A of the Representation of
People Act,1951.55 The power of election commission in respect of cancellation of
poll was extensively considered by the Supreme Court in M.S. Gillv. The Chief Election
Commissioner56. The Supreme Court rejected the Petitioner contention and held that
under Article 324 read with Section 58 and Section 64A of the Representation of
people Act,1951 the legislature envisaged the necessity for cancellation of polls and
ordering re- poll in particular polling stations where the situation may warrant such a
course.Justice Krishna Iyer speaking on behalf of the Constitution Bench of the
Supreme Court observed that57:
1) “Article 324 of the Constitution is a plenary provision resisting the whole
responsibility for national and State election in the Election Commission .The
responsibility of superintendence, direction and control of the conduct of election

may cover power, duties and function of many sorts administrative or otherwise
depending upon the circumstances”.
2) “Article 324 vest vast function in the Commissions which may be power or duties
essentially administrative and marginally even adjudicative and legislative.
However, the exercise of power by Election Commission under Article 324 is
subject to two limitations.
(a) When the parliament or State legislature had made valid law relating to or
connection with election, the commission shall act in conformity with, not in
violation of such law. But where such law is silent, Article 324 is reservoir of
power for election commission act to ensure to free and fair election.
(b) The commission shall be responsible to the rule of law, act bona fide and be
amendable to the norms of natural justice in so far as conformance to such cannon
can reasonably and realistically be required of it as fair play in action in most
important area of the Constitutional order namely election”.
2. Post Election disqualification: Under Articles 103 and 192 of the Constitution of
India, the Election Commission may give its advisory opinion in the matter of post
disqualification including the period of disqualification of sitting members of Parliament
and State legislature58.
3. To give Advisory Opinion on Quantum of Disqualification: In case of person
found guilty of corrupt practice by a Court are referred to Election Commission under
Section 8A of Representation of people Act, 1951 for its opinion as to whether such
person shall be disqualified and if so, for what period, the opinion of Election Commission
shall be binding on the President or the Governor as the case may be, under Section
7A of the Representation Act, 1951 read with Articles 103 and 192 of the Constitution.59
4. Disqualification and removal of it: Under Section 10A of Representation of People
Act, 1951 “the Election Commission has power to disqualify a candidates who has
failed to lodge an account of his election expenses within the time and manner prescribed
by law”. Further, the Election Commission also has power for “removing or reducing
the period of such disqualification and other disqualification” mentioned in under Section
9A (dismissal for corruption or disloyalty and under Section 9A disqualification for
government Contract)60.
5. Fixing date of Election: Under Section 14 of Representation of People Act, 1951
“fixing schedule for election” is an exclusive dominion of election commission. This
is not subject to law framed by parliament. The parliament can frame law as regard to
conduct of election but conducting election is sole responsibility of the Election
Commission. The plenary power of Election Commission cannot be taken away by
law framed by Parliament and if parliament makes any such law it would be repugnant
to Article 324 (AIR 2003 SC 87)61. This provision also reflects the impartiality of
election commission as it eliminate any possibility of ruling party in centre taking any
advantage of anti-incumbancy.
6. Legislative power of Election Commission: In Kanhiya law Omarv. R. K. Trivedi

& others62 In this case the validity of the Election Symbol (Reservation and allotment)
Order, 1968 promulgated by the Election Commission providing for the recognition of
political parties as national or State parties, determination of dispute between the splinter
groups of such recognised political parties, allotment of symbol to candidates was
challenged. The Supreme Court held that the power to issue the symbol order is
comprehended in the power of superintendence, direction and control of election
vested in the commission under Article 324. Therefore, if any of the provisions in the
symbol order could not be traced to Representation of People Act, 1951 or the Conduct
of Election Rules, 1961, it could easily be traced to the reservoir of power under
Article 324 (1), which empowers them to issue all direction necessary for the purpose
of conducting, smooth fair & free election.63
In A.C. Josev. Sivan Pillai & Others64, the Election Commission of India sought the
sanction of the Government of India for introducing the method of casting votes of
Electronic Voting Machines(EVMs) but the sanction was refused. Thereafter, the
Election Commission issued notification in exercise of power under Article 324 to
provide for voting in 50 out of 84 polling stations by EVMs .The respondent declared
elected from that constituencies by defeating appellant by thin margin of 123 votes.The
appellant challenged the polling by help of EVMs on the ground that under Section 61
of the Representation Act, 1951 the Parliament intended to use of ballot papers only
for casting of votes not EVMs. The issue before the Court was as to whether the
Election Commission has power to introduce the method of polling by electronic
process without any Parliamentary or legislative sanction in exercise of its power
under Article 324.65 The Supreme Court struck down the Commission order as being
without jurisdiction, whereby the had introduced the EVMs in an election without any
express provision the Act and the Rules which then contemplated the taking of polls
only by means of ballot papers and ballot boxes. Justice Fazal Ali speaking on behalf
of honourable Court clarified the Constitutional and legal provisions as follows66: “When
there is no parliamentary legislation or rule, made there under, the Election Commission
is free to pass any order in respect of the conduct of Election. When there is an act
and express rules it is not open to the Election Commission to override the act or the
rules and pass order in direct disobedience to the mandate contained in the Act or the
rules. In 1989, he Representation of people Act, 1951 was amended which incorporated
Section 61A67 to the 1951 Act which provides for use of EVMs at election.In Michael
B Fernndes V. C.K. Jaffer Sharit68 the efficiency and integrity of the EVMs used in the
13th Parliamentary election was challenged. The petitioner, who being unsuccessful
candidates challenged the introduction of EVMs on the certain grounds like the election
conducted with aid of EVMs does not ensure free and fair polling and counting in
view of inherent defect in EVMs, the EVMs is vulnerable to tampering and also on
account of inherent errors in EVMs, there has been no proper counting of votes.
The Court rejected the petitioner contention and upheld the amendment to 1951 Act
by which Section 61A to Representation of People Act, 1951 provides for polling by
EVMs. On the bass of evidence the Court came to the conclusion that the EVMs is
fully tamper proof and there is no possibility of manipulation at the instance of any one
at closing hours of the polling. The Court further observed that,
the EVMs have been put in use in last general election and legislative assembly
election in several states. The practical wealth of experience has dispelled
abundantly the theoretical unfounded apprehensions of the possible misuse.
Cost wise also, use EVMs is economical over traditional manual method.69
6. Power of transfer officer: When election process is on the has power to
transfer police official or to suspend or to recommend to take disciplinary action by
competent authority for any act of insubordination or dereliction of duty, while on
election duty (under Section 28A of 1951 Act or Section 13CC of Representation of
People Act, 1950).
7. Power to issue direction to submit the details of expenditure: Under Article
324, the Election commission has power to issue direction to political parties to submit
for its scrutiny the details of the expenditure incurred or authorised by the political
parties in connection with election of their respective candidates.70
Concluding Observations
The Election Commission of India is the greatest gift of the Constituent Assembly of
India. It has provided credible and empowered all India independent Constitutional
authority to provide for free and fair election and from its embryonic stage in 1950s
it has emerged as the most trusted and respectable watchdog of representative
democracy in India. The Election commission of India by constant innovation and
experimentation from actually conducting election has taken numbers of measure in
the form of Model Code of Conduct, Voters education and sensitisation, controlling of
money, muscle and unruly politicians. Still there are lot of others emerging issues
such as unrestricted corporate contribution to political party in power, entry of corrupt
and criminals in law making body, voters intimidation, use of arms and ammunition,
illicit role of money in election are some of the paradoxical issues that requires urgent
remedial action to save the integrity of election process. The allegations of ‘paid
News’ and communal polarisation have emerged the biggest challenge for India’s
representative democracy. The political parties and electorate are main stake holders
in entire election process. Therefore, the urgent measures have to be taken for
transformation of political culture and to pay tribute to ‘little man’ walking to polling
booth to exercise their franchise with constant hope that their elected representative
will do something to provide good governance and change their destiny based on the
principle of Rule of Law.
(Endnotes)
1. T N Seshan v. Union of India (1995) 4 SCC 611 at p. 623 Para 10.
2. V S Rama Devi and S K Mendiratta, How India Votes: Election Laws, Practice
and Procedure, 183-184 (LexisNexis Butterworth’s, New Delhi 2nd edn.2008).
3. Supra note 2 p. 184.
4. Rashmi Sharma, The Evolution of Election Commission of India, Economic and
Political Weekly, January 20, 2018 Vol LIII No 3.
5. The Constitution of India,article 324 of the Constitution provides that, “the power
of superintendence, direction and control of the preparation of the electoral rolls
for, and the conduct of , all elections to Parliament and to the State legislature of
every State and of election to the offices of President of India and the office of
Vice-president of India shall be vested in the election commission”.
6. Volume VIII CAD p. 905-909.
7. Vol. VIII CAD. p. 905-07.
8. The Constitution of India, article 324(2) of the Constitution of India provides
that, “The Election Commission shall consist of the Chief Election Commissioner
and such number of other Election Commissioners, if any, as the President may
from time to time fix and the appointment of the Chief Election Commissioner
and other Election Commissioners shall, subject to the provisions of any law
made in that behalf by Parliament, be made by the President.”
9. T N Seshan v. Union of India (1995) 4 SCC 611at p. 624Para 10.
10. The Constitution of India, article 324(3) “When any other Election Commissioner
is so appointed the Chief Election Commissioner shall act as the Chairman of the
Commission.”
11. Sukumar Sen (1898–1963) was an Indian civil servant who was the first Chief
Election Commissioner of India, from 21 March 1950 to 19 December 1958.
12. S.Y Quarashi, An Undocumented Wonder, The Making of the Great Indian Election,
Rupa Publication Private Limited, 2014 at p.44.
13. S S Dhanoha v. Union of India (1991) 3SCC567 at p. 578 Para 578.
14. V S Rama Devi and S K Mendiratta, How India Votes: Election Laws, Practice
and Procedure,186 (Lexis Nexis Butterworths, New Delhi 2ndedn.,2008).
15. Ibid at 187.
16. The Constitution of India,1950, article 54 relating to the election of the President
provided for an electoral college consisting only of the elected members of
Parliament as well as the legislative assemblies of the States.
17. Supra note at 14.
18. The Constitution of India, article 324(5): “Subject to the provisions of any law
made by Parliament, the conditions of service and tenure of office of the Election
Commissioners and the Regional Commissioners shall be such as the President
may by rule determine; Provided that the Chief Election Commissioner shall not
be removed from his office except in like manner and on the like grounds as a
Judge of the Supreme Court and the conditions of service of the Chief Election
Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional Commissioner
shall not be removed from office except on the recommendation of the Chief
Election Commissioner.”
19 Ibid.
20. The Constitution of India, first provisoto art 324(5) .
21. Ibid.
22. Supra.
23. S.S Dhanoa v. Union of India, (1991) 3SCC 567 at p.578 Para 14.
24. A notification was issued to this effect on that day which fixed the number of
electioncommissioners at two, besides the Chief Election Commissioner, until
further orders.
25. The notifications dated 7 and 16 October 1989 were rescinded
26. (1991) 3SCC567.
27. Ibid at p. 571.
28. Ibid.
29. Id at p.572.
30. Id at 572 Para 3.
31. Id at p. 572 Para 4.
32. Ibid.
33. Ibid at p. 586 Para 30.
Rupa Publication Private Limited, (2014 at p.45.)
35. Id at 585 Para 27.
37. Ibid.
38 A Supra note 56.
39. Id at p.584 Para 26.
40. Supra.
41. Ordinance entitled the Chief Election Commissioner and other Election
commissioners (Conditions of Service) Amendment Ordinance 1993.
42 Ibid.
43. Ibid.
Rupa Publication Private Limited, 2014 at p.49.
45. (1995)4SCC 611.
47. Id at p. 622 Para 8.

48. Id. at p 622 p.622 Para 8.
49. The five- judge Constitution bench of the Supreme Court comprised of AM Ahmadi,
CJI, JS Verma, NP Singh, SP Bharuchaand MK MukherjeeJJ.
50. TN Seshan v. Union of India and Ors. (1995) 4 SCC 611.
51. Ibid at p 613 Para 16-17.
52. Supra note 72.
53. Id at p. 629 P.16.
54. Supra note 72.
55. The Representation of People Act,1951, Sections 56, 57, 58 & 61A.
56. AIR 1978 SC 851.
57. Ibid.
58. The Constitution of India, articles103 and192.
59. The Representation Act,1951,sections7A, 8A and The Constitution of Indi, articles
103 & 192.
60. Section 9A, 10A of Representation of People Act, 1951
61. Special Reference Case No. 1 of 2002, Bench: B.N. KirpalCji, V.N. Khare, K.G.
Balakrishnan, Ashok Bhan, Arijit Pasayat
62. AIR 1986 SC 111.
63. Article 324, The Constitution of India
64. AIR 1984 SC 921.
65. Ibid.
66. Ibid.
67. Section 61A: “Voting machines at elections.—Notwithstanding anything contained
in this Act or the rules made there under, the giving and recording of votes by
voting machines in such manner as may be prescribed, may be adopted in such
constituency or constituencies as the Election Commission may, having regard to
the circumstances of each case, specify. Explanation.—For the purposes of this
section, “voting machine” meansany machine or apparatus whether operated
electronically or otherwise used for giving or recording of votes and any reference
to a ballot box or ballot paper in this Act or the rules made there under shall, save
as otherwise provided, be construed as including a reference to such voting machine
wherever such voting machine is used at any election”.
68. AIR 2004 Knt 289.
69. Ibid.
70. The Constitution of India, art. 324.
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AATMNIRBHAR BHARAT

Paragon International Publishers

First Published 2021

No part of this publication may be reproduced, stored in a retrieval system,

Published by: G.C. Goel for Paragon International Publishers

Prof. BVR Reddy

country in a wider way possible.Education has a very important role to play in

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STUDENT EDITORIAL TEAM

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5. PPP Based Electronic Universal Databank: A Solution to Curb 45

7. Bio-Piracy of Traditional Knowledge in 21st Century 64

8. Right to Health - Emerging Trends vis-a-vis Pandemic 74

17. An Analytical Study of the Role and Application of 161

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Aatma Nirbhar Bharat Abhiyan is an ambitious movement of the government of India

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Building Infrastructure: Making Identity of

Dr. Prem Chand

Infrastructure after Independence

Pandemic Covid 19 and Infrastructure: A New Interface

Infrastructure: A gateway of building a Self-Reliant India

Building Sustainable Agriculture for the Self-Reliant India

Infrastructure and Rural Economy: Building AtmaNirbhar Bharat

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18. Pradhan Mantri Grameen SadakYojna (PMGSY), which is fully Centrally

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Abhishek Pandey Ishita Pandey

The idea of an Atmanirbhar Bharat or a self-reliant India raises itself as a fresh

The Object and Theory of Patent Grant System

Source: WIPO Statistics Database. Last updated: January 2021.32

Challenge to Individuals & Small-scale Businesses

Scope for Utility Models in India

KAPILA: Awareness Program On IPR

Science, Technology, and Innovation Policy (STIP)

The National Intellectual Property Rights Policy

22. Supra note 11, s.84.

46. Supra note 15at 66.

Dr. Jasper Vikas

Public Health Infrastructure (PHI) of India

Building Public Health Infrastructure for a self-reliant India, a

Achieving Nourishing Nation: Public Health Policy targeting

Strengthening Health System

Covid 19 and Public Health Infrastructure

The Covid Vaccine Intelligence Network (Co-WIN IT)

Protecting Health Care and frontline Covid Workers

Building Public eHealth Infrastructure (PeHI) for a Healthy Nation

Ayushman Bharat: Public health innovation for the 21st Century

Without public health innovation, it is difficult to achieve the objective of building

Concluding Observation with Suggestions

Dr. Vikesh Ram Tripathi Mr. Amitesh Deshmukh

Keywords: Insolvency, MSMEs, Pandemic, Economy,

backbone of the Indian economy. By introduction of Micro, Small and Medium

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2011-12 2622574 – 8106946 32.35 8736329 30

Source: Central Statistics Office (CSO), Ministry of Statistics & Program

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management because of personal relationships of promoters and managers with