Representation, all the way up (GS Paper 2, Polity and Governance)
Context:
- The swearing-in of Droupadi Murmu as the 15th President of India is a truly momentous event. She is the first person belonging to the Scheduled Tribes (ST) community and the second woman to occupy the highest constitutional post of the country.
- She is also the youngest person to be elected as the President and the first to be born in independent India. She defeated Yashwant Sinha in the presidential polls, winning almost two-third of the votes of the electoral college.
Journey from councilor in Nagar Panchayat to President:
- The ascent of an Adivasi woman from a humble background to the highest constitutional post is an unprecedented triumph, at least symbolically if not substantially. She was born in a village in Mayurbhanj district in Odisha and belongs to the Santhal tribe, one of the largest ST communities in India.
- She was a Member of Legislative Assembly (MLA) of Odisha, representing Rairangpur for two terms between 2000 and 2009, and went on to serve as the Governor of Jharkhand between 2015 and 2021.
- This remarkable journey from Rairangpur to Raisina Hill may not have been possible without the constitutional reforms that institutionalised representative local governments. She began her political career as a councillor in the Rairangpur Nagar Panchayat, where she was elected from a ward reserved for women from ST communities.
Gram Swaraj:
- The “silent revolution” of democratic decentralisation initiated 30 years ago has played a key role in diversifying representation in politics. In December 1992, the Parliament passed the 73rd and 74th Amendments that mandated the creation of democratically elected Panchayats and Municipalities, respectively.
- The amendments sought to devolve rural and urban local governments with functions, funds, and functionaries to enable them to function as “institutions of self-government” and meet the stated ends of economic development and social justice.
- At one level, these amendments signalled a realisation of a long-held vision of Mahatma Gandhi and his followers to make the village the core unit of governance.
- This demand was initially dismissed by the prominent members in the Constituent Assembly including Dr. B.R. Ambedkar, who famously remarked, “What is the village but a sink of localism, a den of ignorance, narrow mindedness and communalism. I am glad that the Draft Constitution has discarded the village and adopted the individual as its unit.”
- Hence, India’s centralised federal Constitution adopted in 1950 had no real space for local governments until the passing of the 73rd and 74th Amendments.
- However, it would be a mistake to view these constitutional reforms merely as a fulfilment of Gandhi’s romantic ideas of “gram swaraj” since they moved away from traditional panchayats and institutionalised local governments in the mould of the modern state apparatus.
Intersectional reservation:
- Most significantly, these amendments mandated the reservation of seats in the elected councils of Panchayats and Municipalities to members belonging to the Scheduled Castes (SCs) and STs based on their percentage population in the jurisdiction and a minimum of one-third seats for women.
- The amendments also mandate the reservation of seats for the chairpersons of Panchayats and Municipalities for SCs, STs, and women and enables States to reserve seats for members of backward classes.
- What is most distinctive about the reservation provisions under these amendments is that it furthers representation of those at the intersection of more than one marginalised identity.
- Seats in Panchayats and Municipalities are hence reserved not only for SCs, STs and women, but also for categories like SC Women, ST Women and OBC Women.
- Such a quota system acknowledges the aggravated discrimination and disadvantages people face due to the intersection of multiple ascriptive identities such as gender and caste.
- The amendments, hence, provide a platform for thousands of Dalit and Adivasi women who have hitherto been underrepresented in political and social life to contest local elections, hold public office, and rise in the field of politics.
Substantive representation:
- Almost 30 years after the passing of these constitutional reforms, local governments have still not become powerful “units of self-government” due to issues in both the design and the implementation of the amendments.
- However, they have succeeded in broadening the representative character of the Indian state by increasing the total number of elected representatives and diversifying its constituents.
- In fact, States have gone beyond the mandate of the Amendments and increased the reservation for women and introduced reservation for OBCs. As many as 20 States have increased women’s reservation from 33% to 50%.
Challenges:
- This radical expansion of the social base of Indian politics has been relatively ignored in academic and policy debates. The judiciary has also been quite sceptical of legislative measures for diversifying representation in local governments.
- The Supreme Court in multiple cases stayed State governments’ efforts to implement OBC reservation in local government elections, demanding that it be justified by “empirical finding” of backwardness.
- However, it has upheld amendments that prescribed educational qualifications for contesting local body elections on the ground that it is for the “better administration of the panchayats”.
Normative goal:
- In popular discourse, reservation mandates in local governments are often dismissed as measures that do not substantially benefit the marginalised groups. However, it is important to note that representation of marginalised groups is, at one level, a normative goal that possess inherent value.
- Further, though it is true that women are sometimes proxies for their husbands in reserved constituencies, empirical studies have shown that women-led panchayats invest more in public goods, prioritise infrastructure more relevant for women, and increase women’s involvement in village affairs.
Way Forward:
- Critics have also dismissed the appointment of President Murmu as a mere tokenistic measure that will not improve the plight of Adivasis.
- Such cynicism is unfair, especially because in her tenure as the Governor of Jharkhand, she used her gubernatorial discretion to return amendments to the Chota Nagpur Tenancy Act introduced by the Raghubar Das-led Bharatiya Janata Party (BJP) government that sought to allow the State to make commercial use of Adivasi land.
- While it remains to be seen how President Murmu will use her office, her appointment underscores the far-reaching possibilities that measures for diversifying representation at the grassroots can have on the top.
International North South Transport Corridor (INSTC)
(GS Paper 3, Infrastructure)
Why in news?
- Recently, two 40-ft containers of wood laminate sheets crossed the Caspian Sea from Russia’s Astrakhan port, entered Iran’s Anzali port, continued their southward journey towards the Arabian Sea, entered the waters at Bandar Abbas and eventually reach Nhava Shiva port in Mumbai.
- The journey signalled the launch of the International North South Transport Corridor (INSTC), a 7,200-km multi-modal transport corridor that combines road, rail and maritime routes connecting Russia and India via central Asia and Iran.
- The corridor is expected to consolidate the emerging Eurasian Free Trade Area.
What INSTC translates for India?
- The INSTC’s launch provides missing pieces of the puzzle about India’s refusal to condemn Russia’s invasion of Ukraine.
- India’s decision had then been explained in terms of its military reliance on Russia, its aim to keep open alternative supplies of precious oil and gas, and a legacy of its non-alignment.
- What was neglected is India’s brewing investment in transcontinental infrastructure, signalled by its involvement in the INSTC alongside Russia and Iran, both of which are subject to sanctions by Western governments.
Background:
- The legal framework for the INSTC is provided by a trilateral agreement signed by India, Iran and Russia at the Euro-Asian Conference on Transport in 2000.
- Since then Kazakhstan, Belarus, Oman, Tajikistan, Azerbaijan, Armenia and Syria have signed instruments of accession to become members of the INSTC.
- Once fully operational, the INSTC is expected to reduce freight costs by 30% and journey time by 40% in comparison with the conventional deep sea route via the Suez Canal. Indeed, the need for an alternative route was deeply felt in 2021, when the Ever Given container ship was stuck in the Suez, halting maritime traffic between the Mediterranean Sea and the Red Sea.
India’s investment in the INSTC:
- India’s investment in the INSTC is exemplified by its involvement in Iran’s Chabahar port and the construction of a 500-km Chabahar-Zahedan railway line. Once completed, this infrastructure will allow India access to Afghanistan and central Asia, a prospect strengthened by the Taliban government’s support for the project.
- The India Ports Global Limited, a joint venture between the Jawaharlal Nehru Port Trust and Kandla Port Trust, will develop the port along with Iran’s Aria Banader. IRCON International will contribute to constructing the railway line.
- A special economic zone around Chabahar will offer Indian companies the opportunity to set up a range of industries; for example, NALCO proposes to set up an aluminium smelter.
- Lines of credit will be extended to Iran by Exim Bank. The INSTC, thus, provides an opportunity for the internationalisation of India’s infrastructural state, with state-run businesses taking the lead and paving the way for private companies.
- For India, the INSTC achieves several things all at once.
- Firstly, India can now bypass Pakistan to access Afghanistan, central Asia and beyond.
- Second, the INSTC can shape a north-south transport corridor that can complement the east-west axis of the China-led Belt and Road Initiative (BRI).
- The launch of the INSTC was overshadowed by the Quad Summit held in May 2022 at which the leaders of the Quad re-emphasised the principles of a free and open Indo-Pacific.
- The Quad Summit declaration went beyond outlining commitments to freedom, rule of law and territorial integrity to reinforce a central purpose of the collective — providing the region with public goods.
- New initiatives designed to deepen cooperation across the region were announced, which encompassed maritime security, climate change and regional infrastructure.
Sift in Indian foreign policy from Non-alignment to multi-alignment:
- India’s founding role in both the INSTC and the Quad exemplify its departure from non-alignment to multi-alignment. The INSTC offers a platform for India to closely collaborate with Russia, Iran and Central Asian republics.
- That two of its partners are subject to Western sanctions hasn’t prevented India from collaborating with the U.S., Japan and Australia as part of the Quad to create and safeguard a free and open Indo-Pacific.
- Indian policymaking in international affairs has often been criticised for its moral indecisiveness, diplomatic reticence and ideological confusion. These critics have failed to observe the subtle shifts in Indian foreign policy from non-alignment to multi-alignment.
Way Forward:
- The INSTC has received far less media attention than initiatives such as the Quad, the BRI and the New Development Bank.
- However, as a transcontinental multi-modal corridor that aims to bring Eurasia closer together, the INSTC is a laudable initiative in its own right. That it helps India consolidate its multi-alignment strategy sweetens the deal.
Technology powering hybrid electric vehicles
(GS Paper 3, Science and Tech)
Why in news?
- In recent months, automakers Maruti Suzuki, Toyota and Honda have launched hybrid electric vehicles in India, offering car buyers more choices in the nascent electric vehicle market.
- These new hybrid electric vehicles from different automakers, are relying on hybrid technology and its advantages over conventional internal combustion engine (ICE)-powered vehicles to change car buyers’ minds.
What is a hybrid electric vehicle?
- A hybrid electric vehicle (HEV) uses an ICE (a petrol/diesel engine) and one or more electric motors to run. It is powered by the electric motor alone, which uses energy stored in batteries, by the ICE, or both.
- The powertrain of the HEV is more complex than a regular ICE-powered car as it has EV components and a conventional ICE.
- That means a typical HEV will have a low-voltage auxiliary battery, a traction battery pack to store electricity for the electric motor, an electric generator, an AC/DC converter, a power electronics controller, a thermal system to maintain working temperature, an ICE, a fuel tank, a fuel filler, a transmission and an exhaust system.
How do HEV powertrains work?
- HEV powertrains are designed to power cars in a series, parallel or series-parallel (power split) methods.
- A series HEV uses only the electric motor to drive the wheels, while the ICE powers the generator, which in turn recharges the battery.
- A parallel HEV, based on the driving condition, uses the best power source to power the vehicle. It will alternate between the electric motor and the ICE to keep the car moving.
- A series-parallel HEV offers a combination of both models and allows to split power, wherein power is routed from the ICE alone or from the battery to the electric motor to drive the vehicle. Moreover, in all three designs, the battery is charged through regenerative braking technology.
How does regenerative braking work?
- A regenerative braking system (RBS) used in automotive applications has several advantages like better braking efficiency in stop-and-go traffic which enhances fuel economy and also helps in reducing carbon emissions.
- Besides, RBS also helps in energy optimisation resulting in minimum energy wastage.
Types of RBS:
Based on the type of RBS, the energy recovery happens in multiple ways.
- A kinetic system can recover the energy lost during braking and then use this energy to recharge the high-voltage battery of the vehicle.
- An electric system generates electricity through a motor during sudden braking.
- Lastly, a hydraulic system uses pressurised tanks to store the vehicle’s kinetic energy and can offer a high energy recovery rate which is ideal for heavy vehicles.
Efficiency:
- The efficiency of HEVs and EVs will in large part be determined by their ability to recover as much energy as possible while braking, with a higher degree of energy recovery lowering fuel consumption. The amount of recoverable energy depends upon factors like vehicle speed and stopping pattern.
- The adoption of regenerative braking technology in the auto industry is increasing on account of the operating efficiency of vehicles through reduced fuel consumption and the extended range of batteries.
- Maruti Suzuki, Toyota and Honda have introduced HEVs with multiple powertrain choices, including self-charging strong-hybrid electric vehicles (SHEVs) that use RBS for self-charging the HEVs. As per a study by iCAT, a government testing agency, SHEVs can run 40% of the distance and 60% of the time as an EV with the petrol engine shut off.
- While regenerative braking systems are already available in most EVs, the technology is also used in electric railways. Rail transit can be described as frequent acceleration and braking of trains across many stations.
- This increases the potential for braking energy recovery using energy storage systems, which can recuperate and reuse braking energy from metro cars, further enhancing energy efficiency.
- A portion of a train’s energy consumption can be saved by using traction systems that allow regenerative braking.
What are the different types of HEVs?
- The HEVs can be categorised into micro, mild and full hybrid vehicles, based on the degree of hybridisation. The hybrid variants of the Maruti Suzuki’s Grand Vitara and the Toyota’s Urban Cruiser Hyryder can be classified as full and mild hybrids.
- A full HEV will have a larger battery and a more powerful electric motor compared with a mild HEV. As a result, a full HEV can power the vehicle for longer distances using just electric mode, whereas a mild HEV cannot drive using only the electric motor and uses the battery at traffic lights or in stop-and-go traffic to support the ICE.
- Micro hybrids do not offer electric torque assistance as they lack an electric motor, but they have an idle stop-start system and energy management functions. Full HEVs offer better fuel economy compared with the other two types of HEVs but they also cost more than them.
- Then there are plug-in hybrid electric vehicles (PHEVs) that are just like full HEVs, but they can be charged using a wall outlet, as they have an onboard charger and a charging port.
- PHEVs generally use the electric motor until the battery is almost drained, and then automatically switch to the ICE. PHEVs accounted for about 23% of 1.95 million global EV shipments in the first quarter of 2022, as per market research firm Counterpoint.
What are the main advantages of using hybrid technology?
- Fuel efficiency is a major factor for most people considering buying a car. Most vehicles with hybrid technology offer better fuel efficiency, more power, and minimum emissions.
- The design of hybrid vehicles for reduced engine size and car weight as compared to ICE vehicles, translates into increased mileage to favour the demand for these vehicles.
- Moreover, with the increase in total power and torque, HEVs can deliver instant torque and provide high torque even at low speeds.
What are some challenges of hybrid technology?
- In a price-sensitive market like India, one of the major challenges for HEVs is the high vehicle cost. Battery, a vital component of an HEV, increases the cost of the vehicle, making it pricier than vehicles powered only by an ICE. The RBS also adds to the higher cost of an HEV.
Are HEVs helping the auto industry transition from ICE vehicles to EVs?
- The automotive industry is transitioning, with an increasing focus on hybrid and battery electric vehicles (BEVs or EVs). Meanwhile, the rise in fossil fuel prices, increase in the adoption of clean mobility solutions, and stringent government norms for emission control drive the growth of the global EV market.
- SHEVs will play a critical role not only in reducing fossil fuel consumption, carbon emissions and pollution but also in creating a local EV parts manufacturing eco-system while simultaneously protecting the huge existing investments and jobs related to ICE parts manufacturing thus ensuring a faster and disruption-free technology transition.
Distinction between blasphemy and hate speech
(GS Paper 2, Governance)
Context:
- While Mohammad Zubair of Alt News was arrested for tweeting a still picture from a movie that had some religious context attached to it, Nupur Sharma, a member of the BJP, has been absconding with no coercive action taken against her for her inflammatory remarks on a prime-time TV show.
- Have the inadequacies of free speech laws been exemplified in these cases?
What is the history of Section 295 (A)?
- As far as laws in India go, there isn’t formal legislation against blasphemy. The closest equivalent to a blasphemy law is Section 295(A) of the Indian Penal Code (IPC), which punishes any speech, writings, or signs that “with premeditated and malicious intent” insult citizens’ religion or religious beliefs with a fine and imprisonment for up to three years.
- The history of Section 295(A) of the IPC can be traced back to 95 years. In 1927, a satire was published which had obscene parallels to the Prophet's personal life. It was indeed very offensive to the Muslim community but the erstwhile High Court of Lahore observed that the author of this cannot be prosecuted as the writing did not cause animosity or hostility between any communities.
- Thus, the offense did not fall under Section 153(A), which dealt with maintaining public tranquility/order. However, this incident gave rise to a demand that there be a law to protect the sanctity of religions, and thus, Section 295(A) was introduced.
Legality:
- The legality of Section 295(A), which had been challenged in the Ramji Lal Modi case (1957), was affirmed by a five-judge Bench of the Supreme Court.
- The apex court reasoned that while Article 19(2) allows reasonable limits on freedom of speech and expression for the sake of public order, the punishment under Section 295(A) deals with aggravated form of blasphemy which is committed with the malicious aim of offending the religious sensibilities of any class.
How has the legislation been interpreted?
- Down the line, the apex court redefined the test it laid down in the Ramji Lal Modi case. It decided that the connection between speech and disorder must be like a ‘spark in a powder keg’.
- In the case of Superintendent, Central Prison, Fatehgarh vs Ram Manohar Lohia the Supreme Court stated that the link between the speech spoken and any public disorder caused as a result of it should have a close relationship for retrieving Section 295(A) of IPC.
- By 2011, it concluded that only speech that amounts to "incitement to impending unlawful action" can be punished. That is, the state must meet a very high bar before using public disturbance as a justification for suppressing expression.
Should there be a difference between blasphemy laws and hate speech laws?
- The wording of Section 295(A) is considerably too wide. It cannot be stated that deliberate disrespect to religion or religious sensibilities is necessarily tantamount to incitement.
- The Supreme Court has said on several occasions that perhaps the goal of hate speech statutes in Section 295(A) is to prevent prejudice and ensure equality. Unfortunately, there is a huge disparity between this interpretation and the actual wording due to which the law is still being exploited at all levels of administration.
- Insulting religion or religious figures may be disputed or condemned but it should not be legally outlawed or prosecuted. The reason for this is because hate speech laws are predicated on the critical distinction between criticising or ridiculing religion and encouraging prejudice or aggression towards individuals or a community because of their faith.
Are hate speech cases rising?
- As per the data given by the National Crime Records Bureau (NCRB), there has been a huge increase in cases registered promoting hate speech and fostering animosity in society. The data reads that while there were only 323 cases registered in 2014, it had increased to 1,804 cases in 2020.
- However, this can also be due to the steep turns in the dynamics of our current society. Section 295(A) is now usually used to penalise religious dissent, satire, and any comedic content with religious references.
- Bogus cases of 295(A) have been launched on certain web series like Tandav, which reportedly offended religious emotions. According to the filed FIR, the series purportedly presents Hindu gods in a demeaning manner.
- There have also been incidents where citizens performing stand-up comedy have been arrested only because they had religious references in their script.
- The inadequacies of the rules of free speech are further exemplified in the previously mentioned cases of Mohammad Zubair and Nupur Sharma.
- These cases show how regulations don’t draw a line between criticism and premeditated hate speech. Failing to articulate these distinctions diminishes fair use of the Section and makes it more difficult to define and penalise the actual crime of hate speech.
How should one deal with incidents of blasphemy?
- Blasphemy laws which prohibit religious criticism in general are incompatible with the principles of a democratic society. In a free and democratic society, there should be no screening of discourse and dissent.
- The only feasible solution that stands on the thin line of protection of faith and questioning hate speech should be keeping blasphemy in the statutes but de-criminalising it.