Professional Documents
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TH - 13 March 2023
TH - 13 March 2023
Editorial Delhi
I
n formally outlining the crux of the pro approaching a stalemate. In current reckoning, it as HIMARS (High Mobility Artillery Mobility through its IndoPacific strategy (which,
is a former Director,
posed Digital India Act, 2023, the Minister of would seem that matters can only go downhill Rocket System), has since given the U.S. according to him, was an Asia Pacific version of
Intelligence Bureau,
State, IT, Rajeev Chandrasekhar, made a from here as Russia appears intent on employing a former National additional confidence to take on all comers. In NATO) and whose real purpose was to encircle
case for a robust replacement of the IT Act, 2000, enhanced aerial attacks, which includes the latest Security Adviser, and turn, this kind of thinking might well lead them to China.
which is somewhat obsolete now. He ominously hypersonic missiles to subdue Ukraine. a former Governor the next stage of convincing the world that the Chinese criticism tends to be usually obtuse
added a question that the government sought to Consequently, and while applauding the of West Bengal U.S. today can staveoff any challenge to its and seldom direct, but it has been unusually
revisit: “should there be a ‘safe harbour’ at all for heroism of the Ukraine people, serious attempts supremacy. forthright this time, prompting concerns that
all intermediaries?” This acquires significance as are being made across Europe, — this includes The situation is pregnant with many China may be getting ready for a direct
the government has been working towards in France, Germany and the United Kingdom — on possibilities. The Ukraine adventure or confrontation with the U.S., so as to effectively
creasing the compliance burden on Internet in how to bring about an end to the war. Neither misadventure is, however, helping the U.S. to thwart a U.S. effort to restore its dominant
termediaries, in particular in the IT Rules 2021 side is likely to be able to claim a decisive victory, erase images of its retreat from Afghanistan position in world affairs.
and its later amendments. These Rules them and any expectations that Russia can be which had greatly hollowed out the reputation of Adding grist to such concerns is the Chinese
selves had put the onus on social media interme compelled to withdraw from areas where it made the U.S. as a world power. This has since fuelled leader Xi Jinping’s call to delegates attending the
diaries to arbitrate on content on their platforms initial gains are considered extremely remote. new ambitions in U.S. and western minds. recent NPC, viz., to maximise its ‘national
with regulations that were weighted in favour of The initial euphoria seems to have been replaced Both the right and wrong lessons could well be strategic capabilities’ in a bid to “systematically
the government of the day, and had invited legal by ‘battle fatigue’, and with the Ukraine imbroglio derived from this. It could encourage a U.S., flush upgrade the country’s overall strength and
appeals as digital news media platforms among beginning to be viewed as a ‘US backed NATO with its recent success in Europe, to believe that safeguard its strategic interests and realise its
others questioned the constitutionality of the proxy war’ against Russia, European leaders are the momentum now lies with it, and that if there strategic objectives”.
Rules. Meanwhile, an amendment in October at present engaged in finding ways and means to is a tide in the affairs of a nation which if While Taiwan may remain the flashpoint in the
2022 provided for governmentappointed com bring about a ceasefire, than in perpetuating the exploited at the right time can lead to success, IndoPacific, further aggravated by the repeated
mittees that will adjudicate on an individual us conflict. then this is, perhaps, the best time and visits in recent weeks of top U.S. military leaders
er’s appeals against moderation decisions of opportunity for such experimentation. to Taiwan, newer tensions are adding fresh grist
these intermediaries. In January 2023, the IT Mi Impact on Europe Such reasoning could also prove dangerous. to possibilities of a conflict in other regions in the
nistry proposed an amendment on the take Several other reasons can also be adduced for Ukraine and the war in Europe is hardly a IndoPacific. U.S. claims in the wake of the
down of social media/news content that has been Europe’s current mindset. First, notwithstanding laboratory for similar experiments elsewhere. Ukraine conflict, of defeating allcomers, could
marked as “fake” or “false” by the Press Informa the generous supply of stateoftheart weapons U.S. ‘triumphalism’ or what it might have instigate more tensions that lead on to a conflict
tion Bureau or any other government agency. from the United States, Europe is painfully aware achieved in Ukraine without the loss of a single which comes perilously close to an open
These, in sum, had already put the safe harbour that it remains entirely at the mercy of the North American life, as also the demonstration of the confrontation culminating in a war.
protections for intermediaries at much risk. Atlantic Treaty Organization (NATO) and the U.S. superiority of its weaponry, could also lead to
Regulation of hate speech and disinformation today. Europe’s defence industry continues to misadventures. China is clearly not Ukraine, or The danger of provoking a world war
on the Internet is a must and intermediaries, in remain extremely fragile, and prospects that this for that matter Russia, and Asia is not Europe. All wars start with a misreading, or
cluding digital news media and social media plat would change appear remote, thus perpetuating What has taken place in Ukraine and Europe misunderstanding, of the intentions of the other
forms, have an accountable role to play. The IT Europe’s dependence on the U.S. and NATO. cannot be a bellwether for what might happen if side. The U.S.’s success in assisting Ukraine to
Rules’ specifications on giving users prior notice Second, in the realm of economics, Europe is a conflict with China in the IndoPacific were to withstand the Russian offensive and, incidentally
before removing content or disabling access, and hurting, and the prospect of a prolonged take place. undermining Russia’s image of being a kind of
for intermediaries to come up with periodic com stalemate and a war without end appears highly super power in Europe, appears to be
pliance reports are well taken. Social media inter daunting. European leaders, including Germany’s China’s strong stance encouraging the U.S. and certain other western
mediaries should not shut down users’ posts or Chancellor Olaf Scholz, are now engaging in quiet For its part, China is preparing for all powers to redefine the global power equation and
communications except in the interests of public diplomacy to end the war, without making it eventualities. The language being used by China seek a return to the post1945 period in world
order and to avoid legal consequences. But care appear that Europe has had to make major Ukraine and today is among the harshest and most direct in affairs. After Europe, the target appears to be
should be taken to ensure that requirements on compromises. the war in recent times. Alleging that the U.S. is engaged in China.
intermediaries should not become needlessly What has become all too evident, meanwhile, the suppression and containment of China, it has It would, however, be a gross misreading of the
Europe is
onerous and punitive, which also vitiate the prin to not only Europe but also to much of the world warned that “if the US does not hit the brakes and situation if the U.S. were to attempt the
ciple of safe harbour. There is a legitimate con hardly a
is that the Ukraine conflict has convincingly continue to speed down the wrong path, no containment of China at this time, flush with its
cern that the government is keener on regulating demonstrated that the U.S. was the true defender
laboratory for amount of guardrails can prevent derailment, success in Europe and provoking retaliation
or taking down critical opinion or dissent in so of Europe, and in a manner not seen after World similar leading to conflict and confrontation”. Chinese elsewhere, thus paving the way for a new world
cial media/news platforms than hate speech or War II. Firmly entrenched in the peoples’ psyche experiments President Xi Jinping for his part, has directly conflict. It could turn out to be a tragedy of
disinformation, which in many cases has origi is that without the U.S., Europe would neither elsewhere accused the U.S. and western countries of the gigantic proportions.
nated from representatives of the state. Safe har
bour provisions, in particular Section 230 of the
U.S. Communications Decency Act, 1996, that ex
plicitly provided immunity to online services
with respect to usergenerated content had gone
a long way in catalysing the Net’s development.
While modern regulations to tackle issues related
Adultery as misconduct and judicial musings
to misinformation, problematic content and the
side effects of the new form of the Internet are a
M
ore than four years ago, the Supreme Consequent to the Joseph Shine case, the and officers at subsidised rates at all locations. A
must, they should still retain first principles of Court of India decriminalised adultery Rajasthan High Court, in Mahesh Chand Sharma section of society may consider drinking alcohol
safe harbour without whittling down their core. in its landmark judgment, Joseph Shine versus State of Rajasthan and Others (2019), set as an immoral act, but this does not authorise the
versus Union of India (September 2018). It held aside the departmental proceedings against the employer to initiate disciplinary action. In other
Section 497 of the Indian Penal Code (on petitioner who was serving as an inspector in the words, some private space is given even to army
adultery) along with Section 198 of the Criminal Rajasthan Police (after having served for 18 years personnel where moral policing is not allowed.
New reality Procedure Code to be unconstitutional on the
premise that these provisions were violative of
R.K. Vij
is a former Special
in the Indian Air Force) and allegedly had illicit
relations with one woman constable and had also A caveat that cannot be overlooked
Saudi Arabia, Iran should be mindful of Articles 14, 15 and 21 of the Constitution of India. Director General of ‘begotten a child from illicit relations’. The High Though Article 33 of the Constitution empowers
Aggrieved by the order concerning its Police of Chhattisgarh Court held that no employer can be allowed to do Parliament to restrict the fundamental rights of
pitfalls ahead while seeking a cold peace implementation in the armed forces, the Union of moral policing on its employees which go beyond the members of the armed forces, the caveat of
T
he SaudiIran reconciliation in a China India sought clarification from the Court saying the domain of his public life and personal choices ‘so as to ensure the proper discharge of their
brokered agreement reflects the new that any promiscuous or adulterous acts should and selections (to have sexual intercourse) cannot duties and the maintenance of discipline among
reality in West Asia where old rivals are be allowed to be governed by the relevant be a subject matter of departmental proceedings them’ cannot be overlooked. The same principle
warming up to each other and Beijing is increas sections of the Army Act, the Air Force Act and under the Service Conduct Rules. will also apply to members of the forces charged
ingly willing to play a bigger role at a time when the Navy Act being special legislations by the More recently, in Maheshbhai Bhurjibhai with the maintenance of public order, i.e., the
the U.S., the region’s traditional great power, is virtue of Article 33 of the Constitution. Under Damor versus State of Gujarat and 3 other(s) police personnel of all States and Union
preoccupied with challenges elsewhere. The en Article 33, Parliament has powers to restrict or (2022), the Gujarat High Court quashed and set Territories, intelligence and counterintelligence
mity between Iran, a Shiamajority theocracy, abrogate the fundamental rights of certain aside the dismissal order of an armed police agencies including their communication sections
and Saudi Arabia, a Sunnimajority absolute mo categories of persons, including members of the constable arising from allegations that he had as provided in Article 33 of the Constitution.
narchy, has been one of the dominant drivers of armed forces to ensure the proper discharge of developed illicit relations with a widow which Therefore, neither did the Joseph Shine verdict
conflicts in the region. While the details are yet to their duties and the maintenance of discipline amounted to misconduct. The departmental of 2018 inhibit the parameters of departmental
be unveiled, officials say Iran has agreed to pre among them. The Court, recently, without going inquiry revealed that the relations between the proceedings nor has the clarification sought
vent attacks against Saudi Arabia, including those into the nuances of relevant sections of the two were voluntary and mutual, and there was enlarged them. It is true that many acts and
from the Houthicontrolled parts of Yemen, and special legislations (i.e., the Army Act and similar no exploitation of the woman. The Court held omissions which are not necessarily criminal in
both countries would restore full diplomatic rela special Acts) said that in Joseph Shine it ‘was not at that in order to prove misconduct, allegations nature may amount to acts unbecoming of a
tions, which were severed in 2016. In recent all concerned with the effect and operation of the must have some nexus, direct or indirect, with government servant. A common thread running
years, West Asia has seen similar realignments. In relevant provisions’ and ‘it is not as if this Court the duties to be performed by the government through all relevant judgments is that if the
2020, the UAE was among the first Arab coun approved of adultery’. The Court further added servant. As the alleged act was a private affair, conduct interferes directly or indirectly with the
tries to normalise ties with Israel in a quarter cen that it found adultery as a moral (and civil) wrong and not a result of any coercive pressure, the act honest discharge of duties; such conduct may be
tury. The following years saw the Arab world and and a ground for securing dissolution of The point made of the petitioner at the most could be considered considered as unbecoming of a government
Israel, faced with the common Iran challenge, marriage. With these observations, the case was is about as an immoral act; however, to term it as servant. The legislative intent of Article 33 of the
deepening their cooperation, despite Israel’s bru disposed of. establishing that misconduct as per Conduct Rules would be too Constitution is also similar. Therefore, the
tal occupation of Palestine territory. As the U.S. an adulterous farfetched. sacrosanct right to privacy available to the
has deprioritised West Asia — it is now heavily fo Issue of discharge of duties act has ‘some A corollary may also be drawn with the members of the armed forces (and the policemen
cused on Ukraine and countering China’s Indo The moot question is whether these observations conduct of an army personnel who consumes engaged in the maintenance of public order)
nexus” with the
Pacific influence — its allies in West Asia have by the Court give an impression that the armed alcohol. Unless, the drinking habits or any such cannot be taken away under the guise of the
forces may go ahead with disciplinary action for conduct of the act of an officer affects the discharge of his duties special legislations unless it has some nexus with
started looking out for solutions for what they see
as America’s diminishing security guarantees. the misconduct of adulterous acts (as understood person’s or discipline of the force, no departmental action their duties.
The agreement also marks China’s arrival in in common parlance without reference to Section professional is initiated. It is nobody’s secret that army
West Asia as a power broker. China has been in 497 of the IPC) under their special legislations? duties canteens officially provide alcohol to their men The views expressed are personal
volved in multilateral peace talks such as the 2015
Iran nuclear deal (from which the U.S. unilateral
ly withdrew in 2018), but this is the first time Beij
ing is using its leverage directly to bring conflict LETTERS TO THE EDITOR
ing parties to reconciliation. Stability in West
Asia, a major energy source, is essential for Chi T.N. Governor and Bill But for it being carried out Continuing shame the moon, why is it taking responsible for this disaster wrapped in plastic
na, which is the world’s largest oil importer. And The central question is online, it cannot deprive the In a country where manual so long to reach our toilets remains unanswered, with parcelling material. The
unlike the U.S., which has hostile ties with Iran, whether the Governor of State legislature from scavenging was banned and sewer pipes?” the local government and plastic is bound to melt and
Beijing enjoys good ties with Tehran and Riyadh, Tamil Nadu, R.N. Ravi, was passing a law on gambling almost three decades ago Ayyasseri Raveendranath, the State administration enter the food. Many face
as a leading oil buyer and trading partner, respec justified in sending back the which affects the lives of (1993), it is a nobrainer that Aranmula, Kerala failing miserably to control danger as food safety
tively. This has put China in a unique position to Tamil Nadu Prohibition of several people and brings the inhuman practice is still the fire. personnel and municipal
bring two of the region’s most significant powers Online Gambling and ruin to their families. If this prevalent only because of Toxic air K.A. Solaman, sanitary personnel seem to
closer. Saudi Arabia, which is undergoing rapid Regulation of Online Games logic were to apply, then governmental apathy, The fire at the S.L. Puram, Alappuzha, Kerala be looking the other way.
changes, wants peace in its neighbourhood, Bill, 2022, on March 8, to the many crimes falling under administrative corruption Brahmapuram waste Plastic being used in food
while Iran, which is under the U.S.imposed sanc Legislature on the ground the State list and which are and caste bias (Inside treatment plant in Kochi, Food safety and health packaging must be banned.
tions, wants more diplomatic and economic that since gambling and carried out online would be pages, March 5). The Kerala, is leading to an In today’s busy world Alamuri Sai Dinesh,
openings. If the détente holds, it will have far betting are done online, it is offences against which the subhuman act has shifted environmental disaster. The people have to work so Vuyyuru, Andhra Pradesh
reaching implications on regional geopolitics, a cybercrime, and hence a State legislature cannot from village grounds to fire broke out on March 2 hard to make a living that
from peace in Yemen to stability in Lebanon. But matter for Parliament to possibly pass a law. This colourfully painted town and the poisonous air has there is no time for even a
it is too early to say whether peace would hold legislate. will virtually lead to a panchayat toilets. spread 75 kilometres to the wellprepared meal. From a
between the two, given their multilayered enmi The legislative powers are breakdown in law and One can echo what an south; the town of cup of tea or coffee to
ty. Saudi Arabia, Iran and China should be mind clearly defined and divided. order, which is a State expert on social exclusion Alappuzha reports an air dinner, it has become quite Letters emailed to
ful of the pitfalls ahead and continue to build on Gambling and betting fall subject. lamented with extreme quality index of 300 instead common for people to rely letters@thehindu.
the momentum created now to achieve a cold under item 34 of the State N.G.R. Prasad, consternation: “When of an average of 120. The on hotels. In many hotels, co.in must carry the full postal
peace between the two regional powers. list. Chennai Indian science has touched question of who exactly is one finds hot food being address.
CM M ND-NDE
YK
THE HINDU
Monday, March 13, 2023 7
Delhi
Opinion
Reimagining the urban-rural dichotomy The 2019 coup still haunts Maharashtra
Fadnavis’ remarks have renewed speculation about a backchannel between BJP and NCP
T
he traditional across the ruralurban continuum areas and urban areas are also
dichotomy of rural and as this has important policy intensifying. In the process, a
urban, and the implications at all levels. The term mixed economy zone of primary February 2015, Prime Minister
accordingly mandated Desakota is an Indonesian usage to and secondarytertiary sectors has STATE OF PLAY Narendra Modi visited Mr. Pa
governance structure, seems designate the formation of evolved. war and praised the “Baramati
inadequate to understand and act ruralurban continuum. The ruralurban continuum Shoumojit Banerjee model of development.” Later,
upon poverty, undernourishment, Srikumar In India, Kerala is well known areas also witness changing shoumojit.banerjee@thehindu.co.in the then Union Finance Minis
education, health, environmental Chattopadhyay, for the ruralurban continuum in ecosystems. Agriculturally ter Arun Jaitley and Mr. Fadna
L
management or even geographer, was with the coastal plain. This was noted productive lands are being given ike the ghost of Ham vis also visited Baramati and
development. For, between the the Centre for Earth even by Moroccan traveller Ibn for other uses. Food security let’s father, the spirit of paid tribute to Mr. Sharad Pa
two extremes lies an intermediate Science Studies and is Batuta in the 14th century. The zones are being reconfigured. the 2019 government war’s “commitment to
settlement formation where rural now with the Gulati trend further spread over the Areas for pollutant filtering are formation, which rattled Mah development.”
and urban functions coexist Institute of Finance lowlands and adjoining midlands declining. There is an increase in arashtra, refuses to rest. Re In this light, Mr. Fadnavis’
without distinguishable and Taxation, and highlands. Geographical waste dump, enhanced disaster cently, in an interview to a statements could indicate that
boundaries. Such formations Thiruvananthapuram factors supported by affirmative risk, and elevated vulnerability. news channel, Deputy Chief by him is hard to dismiss as the BJP is open to alternatives
evolve due to interactions of a public policy promoting The access of local people to Minister and BJP leader De mere jest. in the near future. It could al
complex set of geographical, distributive justice and water, food, fuel, fodder and fibre vendra Fadnavis stirred up a Whatever the truth about so be read as a way of keeping
cultural, economic and historical decentralisation have increased from ecosystems is reducing. At hornet’s nest when he stated Mr. Fadnavis’ recent revela a check on Eknath Shinde’s
processes. The ruralurban ruralurban linkages and reduced the same time, intermediary that his attempt to form a go tions, the BJP’s backroom in Sena. In this reading, Mr. Fad
continuum or urbanrural ruralurban differences in major market institutions are emerging vernment with NCP leader Ajit trigue with the ideologically navis, who was compelled to
continuum has drawn wide parts of Kerala. In recent years, to provide these goods, which has Pawar in November 2019 had opposed NCP originated prior defer the post to Chief Minis
attention in recent years. Under the ruralurban continuum has significant implications for the the backing of NCP chief Sha to the 2014 Maharashtra As ter Mr. Shinde following the
this axiom, it is acknowledged that developed in various parts of the local people. There is also rad Pawar. sembly elections. The long latter’s coup last year, is an
the transition from rural to urban country, although the underlying escalation of market value of land, BJP State president Chan standing alliances between xious to ensure that Mr.
follows a graded curve of factors propping them up are which further marginalises them. drashekhar Bawankule then the BJP and the Shiv Sena and Shinde does not become more
development, and opportunities different from those noted in Discussions on social and claimed that while Mr. Sharad between the Congress and the popular than him.
for social and economic Kerala. The urban industrial economic development and Pawar was “not averse” to an NCP had broken down then, Furthermore, the NCP’s
development depend on one’s interaction fields in India are environmental issues and their alliance with the BJP after the and all the four parties con decision last week to offer un
location along this curve. spreading by linking rural areas interlinkages are not complete 2019 Assembly elections, he tested the polls individually. solicited support to the NDPP
and also small towns around the without acknowledging the did not approve of Mr. Fadna While the BJP emerged as the BJP government in Nagaland
Nuanced perspectives mega cities and urban corridors ruralurban continuum. Viewing vis being made Chief Minister singlelargest party in the only seems to reinforce the
A 2021 World Bank Policy penetrating rural hinterlands. social and economic in such a scenario. The ques State, it failed to secure a sim notion that a backchannel
Research Working Paper, transformation through this lens tion is, why has Mr. Fadnavis ple majority. Immediately af between the NCP and the BJP
‘Economic and social Collapsing barriers will help identify challenges for chosen this moment — over ter the results, the NCP of is operational. This was de
development along the In 30 years, technology and improving both urban and rural three years after he and Mr. fered unsolicited support to nied by the NCP chief who
urbanrural continuumNew economic globalisation have governance and opportunities for Ajit Pawar were ‘secretly’ the BJP when the Shiv Sena said that his party was back
opportunities to inform policy,’ increased mobility of resources enhanced access to employment, swornin in the presence of dithered on forming a govern ing Nagaland’s Neiphiu Rio
advocated adopting the notion of and people, and enhanced inter services, institutional resources then Governor Bhagat Singh ment with its saffron partner. and not the BJP.
urban catchment areas delienated and intracountry connectivity. and environmental management. Koshyari — to ruffle feathers? Back then, Mr. Sharad Pawar Whatever be the case, Mr.
along an urbanrural continuum. The extension of transport and The institutional connections The plot thickened when had justified this by saying the Fadnavis and the BJP also hope
Identification of such areas would communication systems, between rural and urban areas Mr. Sharad Pawar, while dis NCP was being offered in the to take advantage of the dee
help understand urbanrural improved access to energy, operate at different levels for missing Mr. Fadnavis’ state interest of providing Maha pening faultlines within the
interconnections, which is increased affordability private and various development sectors. The ment as false, said that had the rashtra with a stable govern MVA. After the Election Com
important for making policy public transport as well as key challenge of decisionmaking morning swearingin exercise ment. However, the BJP mission of India’s decision to
decisions across development penetration of economic and is to build ruralurban with his nephew not oc snubbed the NCP. Uddhav grant the Shiv Sena party name
sectors and for addressing issues other networks into remote areas partnership. To achieve this, a curred, President’s rule would Thackeray’s Shiv Sena then and symbol to the Shinde fac
related to environment and promote a ruralurban continuum. systems approach is never have been lifted from patched up with the BJP to tion, the greatly weakened
natural resources management. The barriers due to physical recommended where the city and Maharashtra and Uddhav form the government, with Thackeray Sena is fully depen
This would support geographically distance is melting as increasing the surroundings form a city Thackeray could not have Mr. Fadnavis as Chief Minister. dent on the NCP and the Con
nuanced perspectives in ruralurban linkages have given region for which a perspective been Chief Minister of the tri But the BJP’s relations with gress in the alliance. The NCP
development, required to address rise to diffused network regions. plan is prepared integrating rural partite Maha Vikas Aghadi the Shiv Sena continued to be is undoubtedly the strongest of
increasing spatial inequality. Rural hinterlands are connected to and urban plans within a common (MVA) government. Was he fraught throughout the govern the three, with its partners of
A 2008 report of the Desakota multiple urban centres. The frame. The city and the rural areas hinting that the morning coup ment’s tenure (201419). Each ten accusing it of seeking to ex
Study Team, ‘Reimagining the movement of goods, people, will finally move towards a had in fact been stageman time when relations between pand at their expense. Mr. Fad
Rural Urban Continuum,’ was information and finance between posturban world where the aged? He later commented the two parties hit a new low, navis and Mr. Ajit Pawar, who
based on studies in eight countries sites of production and ruraldichotomy will no longer that his remark about lifting the BJP’s top brass paid ‘non is Leader of the Opposition,
The rural-urban
around the world including India. consumption has strengthened exist. It is important that the rural President’s rule had been political’ visits to Mr. Sharad share good relations. Should
It emphasised understanding the continuum has linkages between production and urban linkages are better mapped, “made in jest.” However, given Pawar’s stronghold of Barama Mr. Shinde get too big for his
changing relationship between drawn wide labour markets. As the pull factors for which satellitebased Mr. Sharad Pawar’s legendary ti in Pune district. This was boots, Mr. Fadnavis may ‘re
ecosystems and livelihoods under attention in grow, push factors driving settlement data and its integration reputation for adroit political seen as the BJP’s strategy to cruit’ Mr. Ajit Pawar as his man
diversified economic systems recent years populations out from both rural with Census data may be useful. manoeuvring, any statement keep the Shiv Sena in check. In into the BJP.
Survey debunks Swachh Bharat’s 100% ODF claim FROM THE ARCHIVE S
Over 21% of rural households do not have access to any type of toilet, according to a government survey
FIFTY YEARS AGO MARCH 13, 1973
Y
et another released recent fourth in the last five years to de
ly government survey has bunk the ODF claim. Reforms (Amendment) Act 1972, which seeks to
called into question the Map 1 shows the percentage of abolish Tata’s Zamindari in the township of
Central government’s claim in rural households in which a major Jamshedpur. The court passed the interim stay
2019 that all Indian villages are ity of the members reported ac order after admitting a writ petition filed jointly
open defecationfree (ODF). Ho cess to some type of latrine, as per by Mr. J.R.D. Tata and Mr. Moolgaokar,
wever, four government surveys/ the MIS survey. For instance in Chairman and ViceChairman of the Tata Iron
reports released just before or af Kerala, 100% said they had access, and Steel Company Limited. The petitioners
ter the announcement, including while in Uttar Pradesh only 74.2% contended that the impugned act, which had
the latest Multiple Indicator Sur had such access. been described as an act to abolish “the alleged
vey (MIS), have not only disputed Notably, while the goal of Tata zamindari,” was a hostile and
the ODF status of most States but Swachh Bharat Gramin phase1 discriminatory legislation directed against the
also shown persisting levels of were yet to be achieved, the go petitioner company alone. The petitioners
poor sanitation in many of them. vernment unveiled phase2, which contended the act was a fraud on the legislative
The three older surveys which extended toilet coverage to power in the garb of land reforms or agrarian
disputed the ODF status were the schools/anganwadis, and said all reforms. It had been passed for a political
National Statistical Office (NSO) villages should have solid/liquid purpose and would cripple a viable national
survey from October 2018, the Na waste management systems. The industry. They contended that the properties of
tional Annual Rural Sanitation Sur villages which met these criteria the company did not constitute an “estate”
vey (NARSS) of 201920, and the were named ODFplus villages. within the meaning of Article 31 A and that the
National Family Health Survey5 Due to the clubbing of goals, the amended act could not be described as a law for
(NFHS5) 201921. share of rural households with toi agrarian reforms. The act was liable to be struck
For instance, according to data let access (the goal of phase1) was down for being violative of the fundamental
from the Swachh Bharat Mission, not tracked separately any more. rights guaranteed in Articles 14, 19 (1) (F) and (G)
Gramin (SBMG) portal, villages in Also, phase1 related indicators and 31 (2) of the Constitution, they submitted.
Madhya Pradesh and Tamil Nadu were removed from the dash The writ petitions came up for preliminary
were declared 100% ODF by Oc board. Map 2 shows the share of hearing before the constitution bench
tober 2018. However, according to such ODFplus villages as of April 1, comprising Mr. Justice J.M. Shelat, Mr. Justice
NSO data, only 71% and 62.8% of 2022. Overall in India, only 8% of A.N. Ray, Mr. Justice D.G. Palekar, Mr. Justice S.N.
rural households in Madhya Pra villages attained this ODFplus sta Dwivedi and Mr. Justice Y.V. Chandrachud. But
desh and Tamil Nadu, respectively, tus back then. Tamil Nadu’s share Mr. Justice Shelat and Mr. Justice Chandrachud
had access to some form of latrine was over 91%. Interestingly, just a did not participate in the proceedings as, they
(own, shared, public) in the same year ago, according to the MIS sur said, they were shareholders of the company.
month. The SBMG data claimed vey, only 72.4% of rural house The orders were passed by the remaining three
that in 24 States/UTs, over 99% of holds in Tamil Nadu had access to judges. Mr. N.A. Palkiwala and Mr. T.R.
rural households had individual some form of toilet. Andhyarujina appealed for the petitioners.
household latrine as of March The share of ODFplus villages
2019, whereas the NARSS data re in India improved to 34% as of
corded six months later showed March 12, 2023. The Statewise
that in 24 States/UTs, less than share is shown in Map 3.
90% of the rural households had While the SBMG dashboard A HUNDRED YEARS AGO MARCH 13, 1923
access to their own toilets. Accord does not track toilet access sepa
ing to the SBMG data, 99.4% of ru rately, the Swachh Survekshan War memorial
ral households in Gujarat had indi Grameen survey (December 2021
vidual latrines as of March 2019. April 2022) lists the percentage of Lahore, March 12: An impressive ceremony took
However, according to NFHS data, households with access to toilets place in Lahore Cathedral yesterday when the
in the second half of 2019, only (Map 4). It concluded that in 28 screens which had been erected in the
63.3% of the population in rural States, the share of such house sanctuary to the memory of the members to the
households in Gujarat used indivi holds crossed 90% and India’s av S. and T. corps in India and the Punjab.Light
dual toilets. erage was 95%, wildly different Horse who fell in the war 1914/1918 were
According to the MIS released in from the figures of the MIS survey unveiled by His Excellency the Governor of the
March this year, conducted bet completed six months earlier. Punjab and dedicated by the Bishop of Lahore.
CM M ND-NDE
YK
Delhi www.thehindu.com Monday, March 13, 2023
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Text&Context 0
NEWS IN NUMBERS
In lakh, the number of jobs that are In $ billion, the profits oil The number of arrests In ₹ lakh crore, the In lakh, the number of
Mintz Group 쑽
The evolution of ESG laws and
The story so far: regulations is still at a nascent
ver the last decade, regulators and
O
stage in India, where the focus
corporations around the world is often on providing
have embraced the idea that busi protections regarding the
nesses should be measured not just on tra environment or workplace
ditional economic metrics such as share conditions without also
holder return, but also by their incorporating the controls and
environmental impact, commitment to so disclosure that are a hallmark
cial issues and the soundness of their cor of contemporary ESG
porate governance and protection of sha regulation.
reholder rights. While this development is 쑽
partially due to the belief that companies
have a distinct responsibility as corporate The Securities and Exchange
citizens, the main driver is the realisation Board of India (SEBI),
that environmental, social and governance responding to the increase in
(“ESG”) considerations need to be includ ESG investing and the demand
by investors for information on
ed by investors in a company’s risk profile
ESG risks, substantially revised
in order to accurately assess the enterpri
the annual Business
se. The evolution of ESG laws and regula Responsibility and
tions is, however, still at a nascent stage in Sustainability Report (BRSR)
India, where the focus is often on provid GETTY IMAGES
required by the 1,000 largest
ing protections regarding the environment listed companies in India.
or workplace conditions without also in with annual sales of more than £36 million tially revised the annual Business Respon rent challenge than India’s CSR regula
corporating the controls and disclosure to publish the efforts they have taken to sibility and Sustainability Report (BRSR) tions. 쑽
that are a hallmark of contemporary ESG identify and analyse the risks of human required by the 1,000 largest listed compa In particular, compliance by Indian Further legislation regarding
regulation. trafficking, child labour and debt bondage nies in India. companies with the ESG regulations of the ESG are likely, given the
in their supply chain; establish internal ac SEBI describes the current report for U.S., the U.K., the European Union and el increased emphasis by the
How ESG differs from CSR? countability procedures; evaluate supplier mat as a “notable departure” from pre sewhere will be critical if India is to take Indian government on ESG
India has a robust corporate social respon compliance and to train supply chain man vious disclosure requirements, which are full advantage of the growing decoupling issues, which can be seen in
sibility (CSR) policy that mandates that agers regarding these issues. aligned with evolving global standards and from China and play a more prominent India’s more active role in
corporations engage in initiatives that con place “considerable emphasis on quanti role in global supply chains and the global global climate forums.
tribute to the welfare of society. This man Why is ESG relevant in India? fiable metrics” to allow companies to en marketplace overall.
date was codified into law with the passage India has long had a number of laws and gage meaningfully with stakeholders and As Indian companies look to expand
of the 2014 and 2021 amendments to the bodies regarding environmental, social to enhance investor decision making. Dis their ESG risk management, thorough due
Companies Act of 2013. and governance issues, including the Envi closures range from greenhouse gas emis diligence will play a key role. However, this
The amendments require companies ronment Protection Act of 1986, quasijud sions to the company’s gender and social requires more than having subsuppliers
with a net worth of ₹500 crore (approxi icial organisations such as the National diversity. fill out a questionnaire. Due diligence that
mately $60 million) or a minimum turnov Green Tribunal, a range of labour codes Further legislation regarding ESG are can stand up to scrutiny means going
er of ₹1,000 crore (approximately $120 and laws governing employee engagement likely, given the increased emphasis by the deeper. Depending on the situation, this
million) or a net profit of ₹5 crore (approxi and corporate governance practices. The Indian government on ESG issues, which can include looking at company records,
mately $6,05,800) in any given financial penalty for violations can be substantial. can be seen in India’s more active role in interviewing former employees and mak
year spend at least 2% of their net profit ov While these laws and bodies provide global climate forums as well as in specific ing discreet visits to observe operations to
er the preceding three years on CSR important environmental and social safe policy developments, such as the announ ensure that the measures to comply with
activities. guards, new initiatives in India go further, cement in January by the Reserve Bank of international ESG standards are in effect.
The list of qualifying CSR activities is in establishing guidelines that emphasise India that it would be auctioning ₹80 bil Companies that wish to maximise their
tentionally broad, ranging from support monitoring, quantification and disclosure, lion ($981 million) in green bonds. opportunities in the global economy need
ing the protection of historically impor akin to ESG requirements found in other to embrace these new requirements and
tant sites to promoting safe drinking water. parts of the world. What are the implications for Indian adjust their organisations accordingly.
ESG regulations, on the other hand, The Securities and Exchange Board of companies? Mintz Group is a corporate investigation
differ in process and impact. The U.K. India (SEBI), responding to the increase in Compliance with ESG regulations — both firm that gathers information before hiring,
Modern Slavery Act, for example, requires ESG investing and the demand by inves originating in India and elsewhere around before transactions, during litigation dis
companies with business in the U.K. and tors for information on ESG risks, substan the world — thus, pose a significantly diffe putes and after frauds, all over the world
Health Bill?
Why are people opposed to it? The Bill provides rights to
The staunchest resistance to the Bill has patients and healthcare
come from private healthcare providers, providers, places the obligation
owing to the ambiguity around who will on the government to protect
pay for the mandatory freeofcost these legal rights and
What services will residents be entitled to if passed? Does the Constitution guarantee the right to health? Why emergency treatment. A pamphlet in mandates the setting up of
are private hospitals opposing it? circulation across the States, published by grievance redressal
a “Joint Action Committee”, lists the Bill’s mechanisms.
other alleged shortcomings: that it
Saumya Kalia these legal rights and mandates the government is “obligated” to provide abdicates the State’s responsibility in
쑽
setting up of grievance redressal funds, set up institutions and constitute providing health protection and puts a Rajasthan residents will be
The story so far: mechanisms. Rajasthan residents will be grievance redressal systems. larger patient load on the private sector. entitled to free checkups,
he recently concluded Budget entitled to free checkups, drugs, Clause 4 mandates that the government After protests, the government has drugs, diagnostics, emergency
S. Upendran
fluorescent microscopy to schools ‘chill’ and ‘relax’. When you ‘chillax’, you
become very calm and relaxed. You stop
worrying about things.”
“In other words, you stop being
nervous about something. That’s what I
Researchers from the Winona State University say a rudimentary fluorescence microscope can cost around $30$50 (₹2,500₹4,100) and many need to do now — chillax.”
individuals may not be able to afford this; students in resourcepoor labs can use foldscopes and glowscopes to study the microscopic world “Exactly! By the way, the word is
pronounced ‘chiLAX’. The stress is on
the second syllable. It’s a word that’s
Vasudevan Mukunth abilities, such as epifluorescence and changes to heart rate and rhythmicity in setup used to obtain these images to be mostly used in informal contexts. When I
confocal laserscanning microscopes. embryonic zebrafish.” $30$50: $5$10 for the “scope frame”, noticed that Ravi was extremely nervous
The story so far: When the fluorophores fluoresce, a Their setup consists of two plexiglass composed of “plexiglass, wood, nuts, before the interview, I told him to chillax.”
n 2014, a group of scientists at the fluorescent microscope can track them as surfaces, an LED flashlight, three theatre bolts, washers, paper clamps”; $10$15 for “That’s what we should tell ourselves
On this date 10 years ago, the current Pope, the head of the worldwide Catholic
Church, was elected. A quiz on the election process that chooses the new Pontiff
V.V. Ramanan along with the ballot papers? Questions and Answers to the
X previous day’s daily quiz: 1. What are
X QUESTION 4 the five M’s of advertising? Ans:
QUESTION 1 Once an elected cardinal gives his Mission, Money, Message, Media,
Which word associated with the assent to the election, what is the Measurement
election of the Pope has its origin in first act he does as per the request 2. Which Indian ad agency created the
the Latin term meaning ‘locked up of the Dean Cardinal? iconic ‘Lalitaji’ ad for Surf Excel in the
with key’ as traditionally the cardinals X 1980s? Ans: Lintas (Now Mullen Lowe
were locked up inside the Sistine QUESTION 5 Lintas Group)
Chapel? Traditionally, the new Pope will not 3. Which Indian brand’s advertising
X assume a particular name because campaign featured the tagline ‘Fill it.
QUESTION 2 of two reasons. Which is the name Shut it. Forget it’? Ans: Hero Honda
Though there are more than 200 and what are the reasons? 4. Which brand’s advertising campaign
Cardinals, what is the upper age limit X featured the tagline ‘The Complete
to be eligible to take part in the voting QUESTION 6 Man’? Ans: Raymond’s
and what is the maximum number of What is ‘Habemus Papam’? 5. Which cold drink brand carries the tag
cardinal electors? X line ‘Taste The Thunder’? Ans: Thums
X QUESTION 7 Up
QUESTION 3 After the newlyelected pontiff Visual question: Identify the brand. Ans: For feedback and suggestions for
Nowadays, a chemical compound is makes his first public appearance, X Air India Text & Context, please write to
used to create the smoke used to what is the traditional blessing he Visual question: Early Birds: K.N. Viswanathan | Vinay letters@thehindu.co.in
announce the election of a new Pope. gives that marks the beginning of What was his prePapal name and from which country does he Chandra | Abeer Goel with the subject ‘Text & Context’
What was traditionally used to burn the new pontificate? come ? AFP
CM M ND-NDE
YK