Page 1 Aug 2021

CPRG - Centre of Policy Research and Governance

ECONOMIC SOCIAL REGIONAL GOVERNANCE

POLICY POLICY DEVELOPMENT

MONTHLY NEWSLETTER
AUGUST 2021 EDITION

Newsletter Focus

• An Analysis of the Right to Education Act

• If and how will the The Information Technology
(Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021 increase accountability
for publishers and social media intermediaries?
• Palestinian Nationalism - “From the River to the Sea”
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CPRG - Centre of Policy Research and Governance

RECENT EVENTS
DOMESTIC

• The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 was passed by
the Parliament with 187 members voting in favour. The Bill amends the Constitution to allow
states and union territories to prepare their own list of socially and educationally backward
classes. Article 338B of the Constitution mandates the central and state governments to consult
the National Commission for Backward Classes on all major policy matters affecting the socially
and educationally backward classes.

• Three people in Kerala have contracted the Nipah virus, including the death of a 12-year old boy.
Bat-bitten fruits are considered to be a major spreader of the disease in humans. Humans can
spread the disease to other humans through body fluids. Once infected the person will show
symptoms like fever, headache, vomiting and epilepsy-like symptoms. With a fatality rate of 40-8-
%, it signals a deadly outbreak if not controlled.

INTERNATIONAL

• The United States and North Atlantic Treaty Organisation (NATO) Forces have completely
withdrawn from Afghanistan marking the end of their longest war. The Taliban forces are
taking over the administration of provinces by force, with their latest acquisition being the
capital of Panjshir.

• At the Tokyo Paralympic Games 2021, India secured a total of 19 medals, its highest ever
tally at these games, including 5 gold, 8 silver and 6 bronze medals. India has won as many
medals in Tokyo 2020 Paralympics as the total strength of the contingent it had sent to the Rio
Games in 2016, marking a commendable feat for India.
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CPRG - Centre of Policy Research and Governance

An Analysis of the Right to Education Act

Gauri Bansal

Image Source : Times of India

With a booming demographic dividend exhibited by 35% of the population under 19 years of age, India
made its first resolve towards universalising elementary education through a Constitutional mandate in
1950. From its inception as a Directive Principle of State Policy, the right to free and compulsory
education to all children up till 14 years of age was accorded the status of a Fundamental Right by the
Shri UnniKrishnan Judgement, in 1993, and was finally crystallised under the Right to Education Act,
2009 (Hoque and Mahanta 2020). A detailed framework of guidelines regarding infrastructure and
human resources has been outlined to govern the establishment and functioning of schools set up under
this Act.
This has certainly improved net enrolment rates and gender parity index whilst controlling the
annual dropout rate (Malvankar 2018). While these metrics enable the institutionalisation of a
minimum threshold of education, they fail to adequately reflect the quality of education thereby
imparted. An input-based approach has been successful in enhancing the youth literacy rate, at around
10% per annum, however it falls short of empowering students with the necessary knowhow to pursue
higher education and seek skilled employment. While social infrastructure prerequisites concerning
sanitation, such as health, hygiene and drinking water have improved leading to better health
awareness, other metrics under this umbrella such as playground and boundary wall requirements have
been arbitrarily designed. Since there has been no proven correlation between learning outcomes and
increase in playground area, flexibility in this metric could cut down costs significantly given that land
in suburban areas is expensive (Centre for Civil Society 2015).
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However, in order to ensure holistic development, alternatives such as timely excursions to community
parks can be utilised. With over 75% students in class 3 and class 5 unable to perform basic numeracy
and read primary level texts fluently, there has been inadequate impetus on learning outcomes.
Specific rules with respect to Pupil Teacher Ratio (PTR) have been outlined, but they have been
counterproductive. Insufficient professional training, incumbency induced laxity, lack of accountability
and absenteeism have resulted in low returns on heavy investments (Viswanath 2020). Substituting this
model, a greater number of schools can be set up by hiring contractual teachers and interns that can
later be absorbed into the system depending upon performance.
Even though the Act is underwired by canons of equality and justice, loopholes are abound. Almost
64% of those under RTE in Haryana are Out of School Children (OOSC) that have enrolled but never
attended school. Enrolment rates shroud the reality that end benefits have not percolated to all sections
of the society. Regional disparities, such as recovery of receipts against fee payments in Assam,
inability of states like Rajasthan to fulfil the 25% reservation of seats for Economically Weaker
Sections (EWS), plague the system (Agrawal 2012). Due to differentiated developmental needs,
localised context-dependent models need to be formulated. They would entail delineating weighted
standards instead of uniform ones and decentralisation of academic schedules, facilitating sharing of
best practices through documented data. Ultimately, an input-based mechanism without safeguards is a
vision without execution. With only about 10% schools across the nation being 100% compliant, the
efficacy of laid down metrics itself is in question and the learning pedagogy needs a paradigm shift.
Despite stipulated minimum number of working days and instructional hours, children are unable to
perform on learning criteria outlined for almost 3 grades lower than theirs ("Right To Education’s
Input-Based Approach To Education Quality Is Unlikely To Succeed" 2021). The ‘no detention’
policy, although aimed at reducing rote learning and stimulating a stress free learning environment, has
bred complacency and diminished incentivisation. If the gap is not bridged through their
mainstreaming into performance-appropriate classes, the load of underperforming students would
result in lower quality jobs for the majority of these students. Capacity building is premised on
budgetary allocations, and only about 8% of the Sarva Shiksha Abhiyan funds are allocated to Quality
Control and learning enhancement (Pandya 2017). Reforms in this area would require periodic revision
of the Minimal Levels of Learning (MLL) guidelines based on transparent audits and Annual Status
of Education Reports (ASER). School Monitoring Committees (SMCs), an institutional mechanism
to ensure systemic audit is rigged with bureaucratic red-tapism and inadequate representation of the
beneficiaries’ interests.
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With the onset of the Covid-19 pandemic and the larger wave of digitisation, the key priority area
needs to be expansion of technological infrastructure and digital literacy for all stakeholders in the
education ecosystem. With merely about 25% schools under RTE having computers, the dependence
on classroom learning has resulted in a setback in smooth education resulting in status quo ante
(Mohamed 2021). Using technology for scale, information needs to be disseminated regarding class-
wise lessons aired on All India Radio and Doordarshan, which can be supplemented with regular
correspondence from each school.
Thus, while the Right to Education Act has attempted to create a benchmark level of inputs, it has
resulted in an incongruence between intent and impact. Just as it mandated rules for establishment,
recognition and operation, it needs timeline based qualitative and quantitative targets that enable
outcome-based education. Through multi-stakeholder collaboration between the Central government,
state governments, private players and NGOs, there can be greater fiscal discipline and streamlined
focus on end results of elementary education that are precursors to a country’s economic development.

References
1. 2015.Ccs.In.https://ccs.in/sites/default/files/research/research-effectiveness-of-school-input-norms.pdf.

2. Agrawal, Tushar. 2012. "Right To Education Act And Educationally Backward States In India". SSRN

Electronic Journal. doi:10.2139/ssrn.1985122.

3. Hoque, Nurzamal, and Ratul Mahanta. 2020. "Gender Gaps In Elementary Education In India In The
Post Right To Education Act Period: Implications For Policy". Space And Culture, India 8 (2): 117-128.

doi:10.20896/saci.v8i2.841.

4. Malvankar, Alka. 2018. "Elementary School Education And The Right To Education Act, 2009".

Sociological Bulletin 67 (2): 220-235. doi:10.1177/0038022918775503.

5. Pandya, Nirav. 2017. "FINANCIAL REPORTING SYSTEM OF ELEMENTARY EDUCATION IN

GUJARAT WITH RESPECT TO SARVA SHIKSHA ABHIYAN". Towards Excellence, 78-87.

doi:10.37867/te090309.

6. "Right To Education’S Input-Based Approach To Education Quality Is Unlikely To Succeed". 2021.

COUNTERVIEW.ORG.https://counterview.org/2018/12/27/right-to-educations-input-based-approach-to-

education-quality-is-unlikely-to-succeed/.

7. Viswanath, Mamta. 2020. "Policymaking With Sen And Ambedkar - Case Of Right To Education In
India". Asian Journal Of Education And Social Studies, 16-27. doi:10.9734/ajess/2020/v6i230170.
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CPRG - Centre of Policy Research and Governance

If and how will the The Information Technology

(Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 increase accountability for
publishers and social media intermediaries?
Riha Pandey

Image Source : The Indian Express

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(‘IT Rules’), notified on February 25, are a significant step ahead of the IT Rules, 2011, and Draft IT
Rules, 2018, in terms of the obligations levied on publishers and intermediaries.

Firstly, the classification of intermediaries and publishers itself has expanded to include social media
intermediaries (both ‘significant’ and otherwise) and certain curators of online content1. Part II of the
Rules lays out the due diligence that intermediaries are supposed to adhere to, with a host of new
regulations2 .For instance, clause (c) under sub-rule 1, Rule 3 provides that an intermediary will be
required to inform its users at least once a year of the repercussions of non-compliance with rules and
regulations, privacy policy, etc. (potential termination of usage rights or access)3. Further, clause (g)
under sub-rule 1, Rule 3 specifies that an intermediary, upon receiving knowledge that any of the
information stored in its computer resource in vitiation of clause (b) or sub-rule 2 must retain such
information for the purposes of investigation for 180 days, as opposed to the earlier 904.

1 The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
2The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
Part II.
3The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
3(1)(c).
4The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
3(1)(g).
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CPRG - Centre of Policy Research and Governance

Clause (j) under sub-rule 1, Rule 3 also mentions a time limit of 72 hours before which an
intermediatory must assist any government agency dealing withcases of cyber security upon the
issuance of an order asking for specific assistance5. Clause (a) under sub-rule 2, Rule 3, lays down that
the Grievance Officer appointed by an intermediary is obligated to respond to grievances within 15
days, which is a stricter timeline in comparison with the previous limit of 1 month6. Clause (b) under
the same proposes an obligation on the intermediary to take measures to disable access to content that
prima facie exposes nudity, is an impersonation, etc. within 24 hours7.

Rule 4 specifies additional obligations for ‘significant social media intermediaries’ (definition provided
in clause v, Rule 2), such as the appointment of a nodal contact person and a Chief Compliance
Officer8. An alarming provision under sub-rule 2, Rule 4, proposes the responsibility of an
intermediatory whose primary work is in messaging to enable the identification of the first originator of
certain information upon an order of the government, as per a judicial order or an order passed under
Section 69 of the IT Act9. Although provisions like these increase the accountability that intermediaries
have to the government, they inevitably impact users’ privacy and bring to the fore threats about
surveillance, since much of the supposed accountability of these entities is designed to cater to the
interests of the government.

With Rule 10 begin the provisions pertaining to the grievance redressal mechanism against publishers.
‘Publishers’ have been defined under sub-rule 1, Rule 8, in the Part that lays down the safeguards in
relation of digital media10. The definition, however, has been criticised for its vagueness and might lead
to an arbitrary labelling of online content curating entities as publishers11. In this situation, small media
houses with less than significant resources are likely to suffer due to such potential labelling.

The redressal mechanism has been split into 3 stages –

Level I – Self-regulation by the applicable entity;

5The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
3(1)(j).
6The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
3(2)(a).
7The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
3(2)(b).
8The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
4(1)(a); 4(1)(b).
9The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
4(2).
10The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
8(1).
11 Vasant Rajasekaran, Gaps in Digital Media Rules, The Hindu Business Line (June 28, 2021)
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CPRG - Centre of Policy Research and Governance

Level II – Self-regulation by the self-regulating bodies (that have to be mandatorily registered with the
government) of the applicable entities;

Level III – Oversight mechanism by the Central Government.

According to commentators, this might lead to more government censorship12. In fact, level III entirely
gives way to government oversight and the formulation of an ‘inter-departmental committee’ (by the
government)13. However, no provisions have been listed in case a publisher seeks to appeal against any
body that will oversee the grievance redressal procedure, which can be deemed a significant gap in the
legislation14.

Rule 16 lists the ‘Blocking Rules’, which has faced much backlash due to the fact that emergency
blocking of content at the discretion of an authorised officer appointed by the government is allowed15.
In fact, similar provisions of these Rules (such as Part III being ultra vires; the possibility of the
curtailment of free speech; privacy concerns of users, etc.) have come under fire. Digital News
Publishers Association (‘DNPA’) recently moved the Madras High Court in pursuance of its claim that
certain provisions of these Rules disrupted the constitutional aspect that they are mandated to have16.

As mentioned, it seems that these Rules are more indicative of a higher degree of accountability to the
government and its users too. The threat of the violation of users’ digital rights and privacy imply that
the adoption of these Rules will, in fact, lead to reduced accountability to the public.

In fact, a severe problem that these Rules pose is that of the apparent lack of accountability that media
houses and social media intermediaries have to the public. To elucidate, let us bring up recent examples
of the COVID-19 issues, media houses were indulge in TRP race and they were just creating hysteria
among the masses. The same time death of an actor has been broadcasted as conspiracy theory. The
media houses have no accountability to individual, they usually face no accountability charge after the
mistake. Rules must take into account the integrity that is often believed to be inseparable with the idea
of journalistic ethics, and fashion provisions so as to give citizens a greater say in their demand for
accountability.

12Explainer: How the New IT Rules Take Away Our Digital Rights, The Wire (February 26, 2021),
available at Explainer: How the New IT Rules Take Away Our Digital Rights (thewire.in)
13The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
14(1).
14 Supra, note 11.
15 Supra, note 12.
16Radhika Roy, Legacy Media Houses Wrongfully Classified As Digital Media : DNPA Moves Madras
High Court Against IT Rules, LiveLaw (June 23, 2021), available at 'Legacy Media Houses Wrongfully
Classified As Digital Media' : DNPA Moves Madras High Court Against IT Rules (livelaw.in) (Last
visited on July 5, 2021).
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Palestian Nationalism – “From the River to the Sea.”

Sreejayaa Rajguru

Image Source : Carnegie Endowment

“We know too well that our freedom is incomplete without freedom of the Palestinians.”
Nelson Mandela

The expression “From the River to the Sea” comes from the contested region between the Jordan and
Mediterranean Sea. Jewish individuals originally involved the locale in the mid 1900s as a piece of the
Zionist development, which upholds Jews tracking down a long – lasting country. The Contention
started on the grounds that Jews who came to Israel took an ‘iron divider’ position and expected
effectively settled Palestinians to think twice about.

In 1947, the United Nations ordered a "segment," or a making of two separate states for the Jewish and
Arab individuals living in the locale. Palestinians accepted this supported Israel, inciting a conflict
between Israeli Jews and Palestinian Arabs. Israel then, at that point acquired a few regions initially
allowed to Palestinians by the U.N. in 1947 through a cease-fire in 1949. After a progression of wars,
Israelis and Palestinians consented to the Oslo Peace Accords in 1993 and 1995. The agreements
guaranteed that Israelis and Palestinians would discover harmony and gave Palestine free control of
parts of the West Bank and the Gaza Strip the fundamental area of contention today.

To set up friendly relations, Israel and Palestine need to perceive each other's privileges. A few broadly
held suspicions have darkened the truth of Israel's settled in prejudicial principle over Palestinians,
including that the occupation is impermanent, that the "harmony measure" will before long stop Israeli
maltreatments, that Palestinians have significant power over their lives in the West Bank and Gaza, and
that Israel is a populist vote based system inside its boundaries. Some significant issues that have gone
about as obstructions deferring further advancement are water rights, security, land proprietorship,
illicit Israeli settlements in the West Bank and the Gaza Strip, control of Jerusalem, Palestinian
opportunity of development, and the Palestinian right of return.
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A battle of the guerrillas between the different sides proceeds there, and revolutionary gatherings arose
on the two sides. Hamas, a Palestinian patriot bunch, has utilized brutality to guarantee a Palestinian
state. Israel pulled out from Gaza in 2005, and Hamas has had control for over 10 years. Also, there
were two Palestinian uprisings against Israel in the last part of the 1980s and mid 2000s. Sometimes,
Palestinians fought calmly, and in others, savagery broke out on the two sides. As per the Israeli
Information Center for Human Rights in Occupied Territories, a greater number of Palestinians kicked
the bucket in these contentions than Israelis. By mid-century the accomplishment of Zionist conflict
plans against Palestinian regular folks had lead to a diaspora. By 1947, 66% individuals in Palestine
were Palestinian Muslims and Christians, while 33% were Zionist pioneers. As Palestinian political
culture was restored inside Israel, a few wandering propensities arose. Similarly, as Palestinians in the
diaspora started to prepare, various patterns created, remembering Pan-Arabism for the one hand and
"realistic" patriotism on the other. At long last, the general Palestine Liberation Association (PLO) was
established in 1964. These different inclinations, in any case, didn't turn into viably organized until
after the June 1967 War.

Palestinians likewise significantly object to the one-state arrangement since becoming residents of an
express that has deliberately embarrassed and abused them for a long time would be seen as public
disloyalty/accommodation. They likewise hope to be exposed to below average treatment as they are
very much aware of the oppression the Israeli Arabs. Nonetheless, as of late, Palestinians appear to
recognize the weaknesses of the two-state arrangement. Inflexible Israeli laws, fruitless harmony
measure, and the inept legislature of Palestine have influnced the Palestinians (particularly the
inhabitants of the Gaza Strip and the West Bank) to apostatize the two-state arrangement. The
Palestinian side has been broken by the contention between two significant groups: Hamas, a more
current element in the Palestinian constituent cycle has arisen as not just a challenger to the past
predominant Fatah, yet in addition runs equal as an assailant association working out of the terrains of
Palestine Hamas has never acknowledged the two-state arrangement or any suggestion that perceives
Israel as a country. Along these lines it makes due with uncomfortable harmony till Palestinians feel
sufficiently able to revolt.

The future for Palestine is dubious, even after UN acknowledgment, developing Israeli occupation and
absence of global intercession fills in as an update that Palestine as a free sovereign has far to go.
Struggle has been the standard lately in the Middle East, and any tranquil answer for the Israel-
Palestine problem, in the event that it very well may be called thus, appears as though a far off dream
since both western and other center eastern impacts combined with the exceptionally unpredictable
circumstance in regards to both Hamas and ISIL (Daesh) makes it extreme for individuals of Palestine
to at any point discover harmony.

References :

1. https://forward.com/opinion/415250/from-the-river-to-the-sea-doesnt-mean-what-you-think-it-means/

2. https://redmadison.com/2021/05/21/palestine-will-be-free/

3. https://irp.fas.org/world/para/docs/880818a.htm
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MONTHLY NEWSLETTER
AUGUST 2021 EDITION

AUTHORS:
Gauri Bansal
Riha Pandey
Sreejayaa Rajguru

Dr. Ramanand, Pranav Gupta