Jul 20 2023

Context:

This article is expressing concerns about the technology-facilitated sexual violence (TFSV), which is a growing problem mainly affecting college students across India.

Technology-Facilitated Sexual Violence (TFSV): 

  • It is an unwanted or unwelcome sexual behavior involving the use of technology, including online sexual harassment, online gender or sexuality-based harassment, online image-based abuse (“revenge porn”), and online sexual aggression/coercion.

Few Associated Terms:

  • Morphed Images: Manipulated or altered images where someone’s face is placed onto explicit or inappropriate content without their consent. 
    • Example: Photoshopping someone’s face onto a pornographic image and sharing it online. 
  • Sexualized Blackmailing: Using explicit material to coerce or manipulate someone into doing something against their will. 
    • Example: Threatening to distribute intimate photos unless the victim engages in sexual acts or pays a certain amount of money. 
  • Bullying: Harassing, intimidating, or humiliating someone based on their gender or sexuality using technology. 
    • Example: Sending derogatory messages, spreading rumors, or creating hate pages targeting a person for their sexual orientation. 
  • Digital Flashing: Sending unsolicited explicit images or videos to someone without their consent. 
    • Example: Forwarding explicit photos to someone’s inbox or social media accounts without their permission.
  • Rape Threats: Explicit messages or comments threatening someone with sexual violence or rape.
    • Example: Sending a message stating, “I will find you and rape you.” to intimidate and instill fear in the recipient. 
  • Explicit Comments and Messages: Sending sexually suggestive or vulgar content or messages without consent. 
    • Example: Sending graphic sexual content or explicit language to someone via direct messages on a social media platform without their invitation or interest. 

Concerns with TFSV:

  • Various Forms: TFSV can take many forms, such as morphed nude images, sexualised blackmailing and bullying, digital flashing, rape threats, and explicit comments and messages.
  • High Penetration: It has its penetration over every social media and messaging platform.
  • Forever Presence: Abuse is linked to an individual’s name and online profile, and can remain on the Internet forever. 
  • Mental Illness: Many survivors experience depression, post-traumatic stress disorder, anxiety, and suicidal thoughts. 
  • Tangible Consequences: Many survivors experience loss of academic or career prospects, social isolation, and violence and rejection by one’s own family. 
    • Meanwhile, abusers hide behind anonymity.
  • Ambiguity in Legislation: India’s IT Act of 2000 criminalizes some forms of TFSV, but ambiguities in the law can deter survivors from reporting. 
  • Lack of Motivation by Social Media: Social platforms are unmotivated to overhaul their safety features beyond the bare minimum.
    • Example: India has the most Facebook users in the world, yet Meta has not optimized its platforms for an Indian context.
  • Not Strict Implementations by the Institutions of higher education (IHEs): IHEs are a crucial intervention point for online harassment of students, but many institutions struggle to form, train, and manage the Internal Complaints Committees (ICCs). 
    • Even if an ICC finds a student guilty of sexual harassment, there is no guarantee that higher authorities will hold them accountable.
  • Other Related Factors: Aside from gender, factors like caste, religion, sexual orientation, class, and region heightened the vulnerability. 

Way Forward:

  • Discussions: Openly discussing TFSV without shaming or blaming survivors is an essential step to improve India’s levels of sexual violence to remove the barrier of stigmatisation. 
  • Awareness: As our world becomes increasingly digital, the issue of TFSV grows more urgent by the day. Raising widespread awareness of TFSV and implementing solutions is vital while the problem is still within our control.
    • Grassroots solutions like hosting regular workshops, safety training, facilitated discussions, and designating student organizations to lead education and response efforts. 
    • Legal regulations already mandate that IHEs conduct gender sensitisation programmes and empower students to engage their community. 
  • Anonymous Helplines: Schools must provide anonymous helplines and reporting options, mental health services from trained counselors.
  • Legislation Backing: With the upcoming Digital India Act, the government has an opportunity to strengthen its regulations for technology platforms and compel social media companies to take accountability.
  • Adequate Funding: The implementation of related measures should be prioritized with adequate allocation of funds.
  • More Research: Further research on how TFSV impacts other marginalized identities is crucial to solving the issue.
  • Internal Complaints Committees (ICCs): All IHEs must have Internal Complaints Committees (ICCs) to investigate incidents of sexual harassment with strict implementation, transparency and accountability.
Additional Information:

  • The Information Technology Act, 2000:
    • The act is the primary law in India for matters related to cybercrime and e-commerce. 
    • The act was enacted to give legal sanction to electronic commerce and electronic transactions, to enable e-governance and to prevent cybercrime. 
    • The law also prescribes penalties for various cybercrimes and fraud through digital format.
    • It also gives legal recognition to digital signatures.

News Source: The Hindu

Context:

This article is exploring the scenario of the right to employment and reservation in the promotion of persons with disabilities in India.

Persons with Disabilities:

  • The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

History of Legislative Events in India: 

Year Event
1995 The Persons With Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, (1995 PwD Act, 1995), introduced 3% reservation for the disabled in employment. 
1998 The Department of Personnel and Training issued an order recognizing reservation in promotion for persons with disabilities in Groups A and B. 
2005 The Department of Personnel and Training issued an order withdrawing reservation of the disabled in promotion in Groups A and B.
2008 Rajeev Gupta filed a case (no. 36035/3/2004-Estt(Res)) in the Supreme Court against the Union of India regarding the withdrawal of reservation in promotion.
2016 Supreme Court judgment granted reservation in promotion for the disabled in Groups A and B.
2017 Rajeev Gupta filed a case of contempt against the government for not implementing the judgment. 

Siddaraju vs State of Karnataka & Ors. also upheld reservation in promotion for the disabled.

2020 Government filed a miscellaneous application for clarification on implementing reservation in promotion, but it was dismissed. 
2022 The Department of Personnel and Training issued an order on reservation for the disabled in recruitment, but did not mention reservation in promotion. 
2023 The issue of reservation in promotion for persons with disabilities is still pending for final adjudication.

Pros of Reservation in Job Promotion for Disabled Individuals: 

  • Equality and Social Justice: 
    • The principle of equal opportunity is crucial in a democratic society. 
    • Disabled people often face discrimination and systematic disadvantages, making it harder for them to advance in their careers. Providing reserved promotions can help balance these inequalities. 
  • Diversity and Inclusion: 
    • A diverse workplace fosters innovation and brings varied perspectives, which can lead to better decision-making and problem-solving. 
    • By ensuring the promotion of disabled individuals, companies can enhance their diversity and inclusion, leading to a more vibrant and dynamic work environment. 
  • Compliance with Legislation: 
    • In many countries like the Netherlands, Norway & Sweden, there are laws mandating reasonable accommodations for disabled individuals in the workplace. 
      • These include policies for promotions, which, when followed, can help the organization avoid potential legal repercussions. 
  • Inspiring Others: 
    • Seeing disabled individuals in higher positions can inspire others with disabilities, sending a powerful message that they, too can attain such positions. 
    • Example: A company that promotes a person with a disability may inspire others in similar situations to strive for such roles, thereby enhancing their work commitment and motivation. 

Cons of Reservation in Job Promotion for Disabled Individuals: 

  • Potential for Reduced Meritocracy: 
    • A common argument against reservation in promotions is that it may diminish the importance of merit in deciding who gets promoted. 
    • If someone is promoted based on their disability status rather than their skills or performance, it could potentially lower the overall competency in these positions. 
  • Possible Resentment among Other Employees: 
    • If promotions are perceived as being given out based on criteria other than merit, it could foster resentment among other employees who feel they are being unfairly overlooked. 
  • Dependency instead of Capability Building: 
    • Some argue that instead of creating reservations, more focus should be given to building the capabilities of disabled individuals, providing them with skills and tools that can help them compete on an equal footing. 
  • Stigma and Stereotyping: 
    • There is a risk that promoted individuals may face stigma or be stereotyped as having been promoted solely because of their disability, rather than their skills or contributions. This could lead to a lack of respect or recognition from their peers or subordinates. 
  • Example: If an employee with a disability is promoted and other employees believe it was solely due to the reservation policy, this may lead to strained relations and a lack of cooperation within the team. 

Conclusion:

The judiciary has played a significant role in granting justice and equality to the disabled especially after the enactment of the PwD Act, 1995, and now it’s the time for the judiciary to proactively make a decision keeping in mind the inclusive constitutional wisdom of the Indian republic.

Additional Information:

  • Associated Constitutional Provisions:
    • Preamble: It seeks to secure social, economic and political justice to all citizens along with equality of status and of opportunity.
    • Fundamental Rights: Dignity of the individual is the fundamental notion behind all the fundamental rights guaranteed under the Constitution. 
    • Directive Principles of State Policy
      • Article 41 of the Indian Constitution states that the State should make effective provisions for securing the right to work, education and to public assistance in case of unemployment, old age, sickness and disability.
      • Article 46 of the Indian Constitution states that the State shall promote educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitation.
  • Associated Schemes & Programmes:
    • Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP), 1981: 
      • Its main objective is to assist the needy disabled persons in procuring durable, sophisticated and scientifically manufactured, modern, standard aids and appliances.
      • These can promote their physical, social and psychological rehabilitation by reducing the effects of disabilities and enhancing their economic potential. 
    • Deendayal Disabled Rehabilitation Scheme (DDRS), 2003:
      • It aims to create an enabling environment to ensure equal opportunities, equity, social justice and empowerment of persons with disabilities. 
      • Under DDRS, NGOs are provided with financial assistance for running their projects for the rehabilitation of persons with disability. 
    • Accessible India Campaign, 2015: 
      • It aims to make a barrier free and conducive environment for Persons with Disabilities all over the country.
      • The campaign targets three separate verticals for achieving universal accessibility 
      • Built up environment
      • Transportation ecosystem
      • Information & Communication Technology (ICT) ecosystem.

News Source: The Hindu

Context: 

India announced that it wants to modify the 62-year-old Indus Waters Treaty (IWT) with Pakistan, citing what it called Pakistan’s “intransigence” in resolving disputes over the Kishenganga and Ratle hydropower projects, both in Jammu and Kashmir. 

20.8

About: 

  • Indus Water Treaty (IWT) is a water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank.
  • Purpose: To use the water available in the Indus River and its tributaries.  
  • It was signed in Karachi on 19 September 1960 by then Indian Prime Minister Jawaharlal Nehru and then Pakistani president Ayub Khan. 
  • Water Allocation: 
    • The three ‘western rivers’ (Indus, Jhelum and Chenab) went to Pakistan and the three ‘eastern rivers’ (Sutlej, Ravi and Beas) were portioned to India.
    • However, India is permitted to use the waters of the Western Rivers for:  Domestic Use,  Non-consumptive use,  Agricultural use as specified, Generation of hydro-electric power. 

Negotiations to amend the Indus Water Treaty:

  • India’s objection to Pakistan’s intransigence: The Indian government has issued a notice to Pakistan, calling for negotiations to amend the Indus Waters Treaty.
  • Disputed Hydropower Projects: Kishanganga and Ratle: The notice is in response to Pakistan’s objections to two Indian hydropower projects in Jammu and Kashmir: 
    • the 330MW Kishanganga hydroelectric project and the 850MW Ratle hydroelectric project.
  • Bilateral Mechanism: India has argued since 2006 that these projects comply with the treaty’s provisions, but Pakistan has refused to conclude negotiations with India in the bilateral mechanism — the Permanent Indus Commission of experts that meets regularly. 
  • World Bank Intervention: The World Bank appointed a neutral expert, but Pakistan insisted on the case being heard at The Hague, leading to disagreements with India.
  • India’s Boycott: India attended hearings with the neutral expert but decided to boycott the Court of Arbitration at The Hague, claiming that talks have hit a dead-end.

Timeline of India-Pakistan Arbitration at the Hague-based Permanent Court of Arbitration:

  • January 2023: Pakistan initiates arbitration at the Hague-based Permanent Court of Arbitration regarding the interpretation and application of the Indus Waters Treaty (IWT) to certain design elements of two hydroelectric projects – Kishanganga and Ratle.
  • India’s Objections: India raises objections, stating that the Court of Arbitration is not competent to address the questions raised by Pakistan and insists on resolving the disputes through the neutral expert process.
  • July 6, 2023: Court’s Decision: The Court of Arbitration unanimously passes a binding decision, rejecting each of India’s objections. 
    • The court determines that it has the competence to consider and determine the disputes presented in Pakistan’s request for arbitration.

Challenges in Treaty Review:

  • Lack of Trust: India’s decision to issue a notice to Pakistan for negotiations to amend the Indus Waters Treaty is driven by a lack of trust between the two countries. 
    • Pakistan’s refusal to conclude negotiations through the bilateral mechanism and opting for arbitration at the Permanent Court of Arbitration has escalated the issue.
  • Climate Change Impact: The fixed allocations of water use in the treaty do not account for changes in water availability due to climate change. 
    • With climate change altering the form, intensity, and timing of precipitation and runoff, the assumption about future water supplies for agricultural and industrial needs may not hold true.
  • Partitioning Logic: The partitioning of rivers into eastern and western rivers may not be conducive to effectively manage water resources as one unit. 
    • This approach might hinder optimal utilization and resource capacity building.

Way Forward:

  • Rational Strategy: Despite the challenges, both India and Pakistan may need to seek judicial recourse to address the issues arising from the treaty. However, further negotiations and collaboration are essential to find sustainable solutions.
  • Equitable and Reasonable Utilization: To ensure water allocation meets the needs of both countries, adhering to the principles of equitable and reasonable utilization (ERU) could help in promoting a fair and balanced approach to water distribution.
  • No Harm Rule: Implementing the principle of no harm rule (NHR) can be crucial in mitigating potential adverse impacts of projects on shared watercourses. It requires conducting transboundary environmental impact assessments.
  • World Bank’s Role: The World Bank, as a party to the IWT, could play a constructive role in facilitating cooperation between India and Pakistan. Encouraging transnational alliances of epistemic communities may pave the way for inclusive negotiations.
  • Comprehensive Review: A careful review of the treaty, considering the implications of climate change and evolving water needs, is necessary to ensure the treaty remains relevant and effective.
  • Building Trust: Improving bilateral relations and establishing trust between the two countries will be fundamental in addressing water-related challenges and finding mutually beneficial solutions.

News Source: The Hindu

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Comprehensive coverage with a concise format
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