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Showing posts with label the hindu notes. Show all posts

Tuesday, November 29, 2022

The HINDU Notes – 29th November 2022

16:16

 


📰 Radio telescope floating in Karnataka waters throws light on nature of early stars and galaxies

•SARAS 3, a radio telescope designed and built at the Raman Research Institute (RRI) here, has provided clues to the nature of the universe’s first stars and galaxies.

•Using data from the telescope which has been deployed over the Dandiganahalli Lake and Sharavati backwaters since 2020, astronomers and researchers have been able to determine properties of radio luminous galaxies formed just 200 million years post the Big Bang, a period known as the Cosmic Dawn.

•Researchers Saurabh Singh from the RRI and Ravi Subrahmanyan from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) in Australia, along with collaborators at the University of Cambridge and University of Tel Aviv, have used data from SARAS 3 to throw light on the energy output, luminosity, and masses of the first generation of galaxies that are bright in radio wavelengths.

Deeper insight

•“The results from the SARAS 3 telescope are the first time that radio observations of the averaged 21-centimetre line have been able to provide an insight into the properties of the earliest radio loud galaxies that are usually powered by supermassive black holes,” said Subrahmanyan, former Director of the RRI and currently with CSIRO. Explaining the findings, Professor Singh said SARAS 3 had improved the understanding of astrophysics of Cosmic Dawn by telling astronomers that less than 3% of the gaseous matter within early galaxies was converted into stars, and that the earliest galaxies that were bright in radio emission were also strong in X-rays, which heated the cosmic gas in and around the early galaxies.

•The results of the findings have been published in the journal Nature Astronomy.

•In March, the SARAS 3 team used the same data to reject claims of the detection of an anomalous 21-cm signal from Cosmic Dawn made by the EDGES radio telescope developed by researchers from Arizona State University and MIT, the U.S.

📰 Centre plans to document cultures, social practices of indigenous, tribal societies

Experts make a presentation before President Droupadi Murmu; plan is to encourage sociologists, anthropologists and researchers to research and document practices of their own communities

•The National Commission for Scheduled Tribes (NCST), along with the Union government, is now pushing for the “re-documentation” of the cultures and social practices of indigenous and tribal societies in India, existing scholarly literature on which, it says, is heavily reliant on the body of knowledge created by colonising governments.

•The plan is to encourage more sociologists, anthropologists and researchers from India’s indigenous and tribal communities to research and document the cultural, social and historical practices of their own communities in a bid to replace the colonial-era body of work on this subject, NCST Chairperson Harsh Chouhan explained, adding that this will enable the government to understand tribal societies, identity and rights better.

•Professors, Tribal Research Institute (TRI) Directors, researchers and other academics who have been attending a two-day workshop this week on the way forward to achieve this goal, also met with President Droupadi Murmu on Monday night at the Rashtrapati Bhavan for a presentation to her, after which Ms. Murmu launched a book compiling unheard stories of the sacrifice and bravery with which tribal communities and leaders resisted British rulers.

•During the closing remarks of the workshop, Ms. Murmu said, “This should not be the end. It should be the beginning of efforts to hold similar events and workshops across the country.”

•She added that she hoped this workshop would inspire youth to research and write about the histories and cultures of their own communities.

Valuable knowledge

•From ways to treat illnesses and ways to make weapons to ways of protecting nature and ways of passing along knowledge through community songs, Ms. Murmu said that the knowledge of tribal communities needs to be included in the Indian Knowledge System (IKS) that the National Education Policy is now focusing on, and that this knowledge of tribal communities will play an important role in making India a “knowledge superpower”.

📰 In India, calls for looking beyond the binary are growing stronger
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Monday, November 28, 2022

The HINDU Notes – 28th November 2022

19:47

 


📰 What is bluebugging, and how is it used to hack Bluetooth-enabled devices?

Several smartphones have their Bluetooth settings on discovery mode, as it is a default setting, making it easy for hackers to access the phones when they are within 10 metres from the device

•Cybersecurity experts note that apps that let users connect smartphones or laptops to wireless earplugs can record conversations, and are vulnerable to hacks. Even the most secure smartphones like iPhones are vulnerable to such attacks. Any app with access to Bluetooth can record users’ conversations with Siri and audio from the iOS keyboard dictation feature when using AirPods or Beats headsets, some app developers say. Through a process called bluebugging, a hacker can gain unauthorised access to these apps and devices and control them as per their wish.

What is bluebugging?

•It is a form of hacking that lets attackers access a device through its discoverable Bluetooth connection. Once a device or phone is bluebugged, a hacker can listen to the calls, read and send messages and steal and modify contacts. It started out as a threat for laptops with Bluetooth capability. Later hackers used the technique to target mobile phones and other devices.

•Independent security researcher Martin Herfurt blogged about the threat of bluebugging as early as 2004. He noted that the bug exploited a loophole in Bluetooth protocol, enabling it to download phone books and call lists from the attacked user’s phone.

How does bluebugging hack devices?

•Bluebugging attacks work by exploiting Bluetooth-enabled devices. The device’s Bluetooth must be in discoverable mode, which is the default setting on most devices. The hacker then tries to pair with the device via Bluetooth. Once a connection is established, hackers can use brute force attacks to bypass authentication. They can install malware in the compromised device to gain unauthorised access to it. Bluebugging can happen whenever a Bluetooth enabled device is within a 10-metre radius of the hacker. However, according to a blog by VPN service provider NordVPN, hackers can use booster antennas to widen the attack range.

How can one prevent bluebugging ?

•Turning off Bluetooth and disconnecting paired Bluetooth devices when not in use, updating the device’s system software to the latest version, limited use of public Wi-Fi and using VPN as an additional security measure are some of the ways to prevent bluebugging, Shubho Pramanik, senior vice president, Applied Cloud Computing, a Thane based cloud service provider, said to The Hindu.

•Most devices make Bluetooth discoverable by default, leaving your devices susceptible to unsolicited connections. So, the first step would be to make your Bluetooth devices undiscoverable from Bluetooth settings. This will keep them invisible to hackers, thereby not letting them pair with the device, NordVPN said in the blog.

•Users must also watch out for suspicious activities on their devices, NordVPN suggested. “If your phone is suddenly disconnecting and reconnecting calls, or if you notice messages that haven’t been sent by you, it could indicate that someone is controlling your device. Reset the device to its factory settings or uninstall any apps you don’t recognise.” One should also monitor sudden spikes in data usage. If the amount of data used suddenly spikes beyond reason, someone could be controlling the device as part of a botnet that eats up data, NordVPN said.

•Modern anti-virus softwares can also help thwart such attacks. The new-age antivirus softwares are helping users to detect strange and spam-like content by filtering, blocking and consistently reminding people to be alert, Manoj Kumar Shastrula, CEO and Founder, SOCLY.io, a cybersecurity company told The Hindu.

Which devices are most susceptible to such attacks?

•Any Bluetooth-enabled device can be bluebugged. Wireless earbuds are susceptible to such hacks. Apps that enable users to connect to their TWS (True Wireless Stereo) devices or earbuds can record conversations. The apps of these TWS devices can record conversations. Once hacked, the attacker can make and listen to calls, read and send messages, and modify or steal your contacts, Mr. Pramanik said.

•Apple also acknowledged earlier that wireless earbuds can record conversations. “An app may be able to record audio using a pair of connected AirPods,” Apple said on its support page while releasing the fixes to the issue. However, smartphones are more vulnerable to this type of hacking as most of the users leave their Bluetooth on in public places, where hackers may be lurking.

•Today, several smartphones have their Bluetooth settings on discovery mode, making it easy for hackers to access the phones when they are within 10 metres from the device. Some earlier models of Bluetooth phones were vulnerable to bluebugging, but have since been corrected, Arindam Mitra, Co-founder, CTO and President of Services, ProcessIT Global, told The Hindu. However, devices with short PINs for a password can be easily cracked with brute-force computing and can also be vulnerable to these attacks, Mr. Mitra added.

📰 Toward legalising same-sex marriage

How do the fresh pleas in the Supreme Court seek to recognise same-sex marriage? What are the existing rights of LGBTQIA+ people in India? Which are the judgments being cited by the petitioners? Where do other countries stand on same-sex marriage?

•A Supreme Court Bench led by Chief Justice of India D.Y. Chandrachud on November 25, issued notices to the Centre and the Attorney General of India, seeking their response to two petitions filed by gay couples to allow solemnisation of same-sex marriage under the Special Marriage Act, (SMA) 1954.

What do the petitions say?

•The SMA provides a civil form of marriage for couples who cannot marry under their personal law, and both the recent pleas seek to recognise same-sex marriage in relation to this Act and not personal laws.

•The first petition was filed by two men, Supriyo Chakraborty and Abhay Dang, who have been a couple for 10 years. Their petition argued that the SMA was “ultra vires” the Constitution “to the extent it discriminates between same-sex couples and opposite-sex couples”. It stated that the Act denied same-sex couples both “legal rights as well as the social recognition and status” that came from marriage. Senior Advocates Niraj Kishan Kaul and Menaka Guruswamy for the petitioners said that about 15 legislations which guaranteed the rights of wages, gratuity, adoption, surrogacy and so on were not available to LGBTQ+ citizens. The petitioners emphasised that the SMA “ought to apply to a marriage between any two persons, regardless of their gender identity and sexual orientation”.

•The other petition was filed by a same-sex couple of 17 years — Parth Phiroze Mehrotra and Uday Raj Anand. Their counsel, Senior Advocate Mukul Rohatgi, argued that the recognition of same-sex marriage was only a “sequel” or a continuation of the Navtej Singh Johar judgment of 2018 (decriminalising homosexuality) and the Puttaswamy judgment of 2017 (affirming the Right to Privacy as a fundamental right). Mr. Rohatgi said the petition did not touch on personal laws but only sought to make the 1954 Act “gender-neutral”. Their plea pointed out that while Section 4 of the SMA permitted the solemnisation of marriage between any two persons, a subsequent section placed restrictions. It said: “The use, in Section 4(c) of the words ‘male’ and ‘female’, as well as the use of gendered language such as the terms ‘husband/wife’ and ‘bride/bridegroom’ in other sections of the Act, limit the access to marriage to a couple comprising one ‘male’ and one ‘female’.”

Have similar petitions been filed?

•There are currently a total of nine petitions pending before the High Court of Delhi and Kerala, seeking to recognise same-sex marriages under Acts such as the SMA, the Foreign Marriage Act and codified personal laws. On Friday, the Supreme Court Bench of CJI Chandrachud and Justice Hima Koli transferred the various pending issues before High Courts to itself.

•One of the new petitions also placed emphasis on another important judgement of the apex court. In the NALSA vs Union of India judgment (2014), the Court had said that non-binary individuals were protected under the Constitution and fundamental rights such as equality, non-discrimination, life, freedom and so on could not be restricted to those who were biologically male or female.

What is the government’s stand?

•Late last year, while responding to the pleas seeking recognition of same-sex marriages in the Delhi High Court, Solicitor General Tushar Mehta for the Centre had said that as per the law, marriage was permissible between a “biological man” and “biological woman”. In its affidavit opposing the pleas, the Centre had said: “The acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws". It also argued against the urgency of the pleas by saying nobody was “dying” in the absence of a marriage certificate.

What about other countries?

•A total of 32 countries around the world have legalised same-sex marriages, some through legislation while others through judicial pronouncements. Many countries first recognised same-sex civil unions as the escalatory step to recognise homosexual marriage. Civil unions or partnerships are similar arrangements as marriages which provide legal recognition of unmarried couples of the same or opposite sex in order to grant them some of the rights that come with marriage — such as inheritance, medical benefits, employee benefits to spouses, managing joint taxes and finances, and in some cases even adoption. The Netherlands was the first country in 2001 to legalise same-sex marriage by amending one line in its civil marriage law. In some countries, the decriminalisation of homosexuality was not followed for years by the recognition of same-sex marriage, for instance, in the U.S. the former happened in 2003 while the latter in 2015.

📰 Shifts unexplained
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Thursday, November 24, 2022

The HINDU Notes – 24th November 2022

14:28

 


📰 Sufficient stocks of wheat and rice available: Centre

Food Secretary says curbs on exports have helped to bring down the prices of wheat and flour; more stocks of the grain available for domestic consumption and public distribution system

•Regulation of wheat and atta exports has helped control their prices, the Union Food and Public Distribution Ministry said here on Wednesday. Food and Public Distribution Secretary Sanjeev Chopra told presspersons that the increase in the prices came down from 15% to 5% after the regulation.

•Mr. Chopra said the Centre decided to stop open market sales when wheat prices were going up. “Now, more stock is available for domestic consumption and public distribution system. As a result, the prices, compared to the prices in May 2022, have came down about 7%. If MSP [minimum support price] is factored in, the increase will be about 5%,” he said adding that an inter-ministerial committee met on a weekly basis to monitor the situation.

•Asked if the Centre would lift the ban on export, he said the primary concern of the government was food security of the country. Adequate stocks were available due to the measures taken by the Centre. “This is not a steep rise,” he said.

•Mr. Chopra said that even after meeting additional allocation for the Pradhan Mantri Garib Kalyan Anna Yojana, the National Food Security Act and other welfare schemes, the country had sufficient stocks of wheat and rice under the central pool over and above the buffer norms. “As on November 15, a quantity of 201 lakh tonnes of wheat and 140 lakh tonnes of rice is available in the central pool,” he said.

•The Secretary added that procurement of paddy in the kharif marketing season (KMS) of 2022-23 had started and around 277.37 lakh tonnes (185.93 lakh tonnes of rice) had been procured up to November, 21, which was higher than the procurement during the same period last year. He said 18.51 lakh farmers had benefited as ₹54,559.85 crore had been paid to them directly into their accounts.

•“It is expected that procurement of paddy in KMS 2022-23 across the country will remain normal. The rainfall this year has been fairly good in the country and the production of paddy is expected to remain normal,” he said. The Centre was expecting to procure 775.73 lakh tonnes of paddy (521 lakh tonnes of rice) in this season.

•On the reduction in wheat procurement during the last rabi season, he said it was due to an increase in market price and demand-supply mismatch on account of the geopolitical situation.

📰 Are El Niño-La Niña weather patterns changing?
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Wednesday, November 23, 2022

The HINDU Notes – 23rd November 2022

17:37

 


📰 Putin unveils Russia’s ‘Arctic power’ with launch of nuclear icebreakers

•President Vladimir Putin on Tuesday touted Russia’s Arctic power at a flag-raising ceremony and dock launch for two nuclear-powered icebreakers that will ensure year-round navigation in the Western Arctic.

•Presiding via video link from the Kremlin at the launch ceremony in the former imperial capital of Saint Petersburg in northern Russia, Mr. Putin said that, going ahead, such icebreakers were of strategic importance for the country.

•“Both icebreakers were laid down as part of a large serial project and are part of our large-scale, systematic work to re-equip and replenish the domestic icebreaker fleet, to strengthen Russia’s status as a great Arctic power,” Mr. Putin said.

Greater significance

•The Arctic is taking on greater strategic significance due to climate change, as a shrinking ice cap opens up new sea lanes. Vast oil and gas resources lie in Russia’s Arctic regions, including a liquefied natural gas plant on the Yamal Peninsula.

•The 173.3-metre Yakutia, with a displacement of up to 33,540 tonnes, can smash through ice of up to three metres. It will enter service in 2024. Two other icebreakers in the same series, the Arktika and the Sibir, are already in service, and another, the Chukotka, is scheduled for 2026.

Bigger icebreaker

•Mr. Putin said a super-powerful nuclear 209-metre icebreaker known as Rossiya, with a displacement of up to 71,380 tonnes, would be completed by 2027. It will be able to break through ice four metres thick.

•“They are needed for the study and development of the Arctic, to ensure safe, sustainable navigation in this region,” Mr. Putin said.

📰 Think local climate action, think Meenangadi

•If India has to achieve the set of goals enunciated in the ‘Panchamrit’ resolution of the COP26 climate summit in Glasgow 2021, it is necessary that panchayati raj institutions, the third tier of government which are closest to the people are involved. Although international and national policies have been formulated with large-scale investments, it is necessary to have a suitable local action plan for implementation and enforcement, initiated and coordinated by local governments. In the context of greater devolution that has taken place, panchayats, as local governments, can play a pivotal role in tackling many of the causes and effects of climate change.

•Over the past few decades, there has been a manyfold increase in the number of climate-related national disasters. Much of India’s population still lives in the rural areas and is involved in agriculture and other agri-based activities. The greater variability in rainfall and temperatures, etc. experienced of late has directly affected the livelihood and well-being of millions of rural households. India’s National Action Plan on Climate Change 2008 identifies a range of priority areas for coordinated intervention at the national and State levels. However, there would have been better results had panchayati raj institutions been given a greater role. Through the ongoing decentralisation process which ensures people’s participation, panchayats can play a crucial and frontline role in coordinating effective responses to climate risks, enabling adaptation and building climate-change resilient communities.

Carbon neutrality projects across India

•The climate change discussion also focuses on the emerging and widely accepted concept of ‘carbon neutrality’ which puts forth the notion of zero carbon developments, nature conservation, food, energy and seeds sufficiency, and economic development. As human activities are the cause of the current climate crisis, mitigating greenhouse gas emissions and adapting to growing and extreme weather events are critical. Zero carbon development which promotes sustainable living is the effective solution to reducing anthropogenic emissions and improving climate resilience.

•In recent years, many panchayats have come forward with the concept of carbon neutrality, a prominent example being Meenangadi gram panchayat in Kerala’s Wayanad district, which serves as a model to emulate. In 2016, the panchayat envisaged a project called ‘Carbon neutral Meenangadi’, the aim being to transform Meenangadi into a state of carbon neutrality. There were campaigns, classes and studies to begin with. An awareness programme was conducted initially. A greenhouse gases emission inventory was also prepared. The panchayat was found to be carbon positive. An action plan was prepared by organising gram sabha meetings. Socio-economic surveys and energy-use mapping were also carried out. Several multi sector schemes were implemented to reduce emissions, increase carbon sequestration, and preserve the ecology and bio-diversity. ‘Tree banking’ was one of landmark schemes introduced to aid carbon neutral activities which encouraged the planting of more trees by extending interest-free loans. Interestingly 1,58,816 trees were planted which have also been geo-tagged to monitor their growth. The entire community was involved in the process, with school students, youth, and technical and academic institutions given different assignments. Five years have passed and the changes are visible. Local economic development was another thrust area where LED bulb manufacturing and related micro-enterprises were initiated.

•There is also the example of Palli gram panchayat in Jammu and Kashmir that has followed the same people-centric model, with specific local activities. The panchayat has prepared a climate-resilient plan where villagers have been made aware of climate change Mitigation factors such as reducing energy consumption, cutting down on the use of fossil fuels, the use of solar energy, abandoning plastics and promoting plantation and water conservation measures were given prominence. Bio-gas plants and solar panels were also introduced. A solar plant (500KW) has been installed to power 340 households. A Gram Panchayat Development Plan for 2022-23 is being prepared by integrating a climate-resilient plan.

•There are many other panchayats that have also initiated carbon neutral programmes. In Seechewal gram panchayat, the Kali Bein river was rejuvenated with people’s involvement. Odanthurai panchayat in Tamil Nadu has its own windmill (350 KW). Tikekarwadi gram panchayat in Maharashtra is well known for its extensive use of biogas plants and green energy production. Chapparapadavu gram panchayat in Kerala has several green islands that have been nurtured by the community. Many more panchayats are coming forward in this regard.

The ‘Clean and Green Village’ theme

•The Ministry of Panchayati Raj has focused its attention on localising the Sustainable Development Goals (SDGs) on a thematic basis. ‘Clean and Green Village’ has been identified as the fifth theme where panchayats can take up activities on natural resource management, biodiversity protection, waste management and afforestation activities. According to the latest data, 1,09,135 gram panchayats have prioritised ‘Clean & Green Village’ as one of their focus areas for 2022-23.The Ministry has highlighted the need for the documentation of best practices and for wider dissemination. The net result is that many panchayats are coming forward with their eco plans. The integrated Panchayat Development Plan prepared by all panchayats is a stepping stone towards addressing many of the environmental concerns of villages.

•In today’s age of rapid technological advancements and digital transformation, India’s rural local bodies are silently contributing their strength to ensuring the global target of carbon neutrality, as envisaged in the UN conference on climate change.

📰 A Bill protecting state surveillance
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Tuesday, November 22, 2022

The HINDU Notes – 22nd November 2022

17:32

 


📰 Qatar, China sign world’s ‘longest’ gas supply deal

•QatarEnergy announced a 27-year natural gas supply deal with China on Monday, calling it the “longest” ever seen as it strengthened ties with Asia at a time when Europe is scrambling for alternative sources.

•The state energy company will send four million tonnes of liquefied natural gas annually from its new North Field East project to China Petroleum and Chemical Corporation (Sinopec), it said.

•The deal “marks the longest gas supply agreement in the history of the LNG industry”, said Saad Sherida Al-Kaabi, Qatar’s Energy Minister and QatarEnergy’s chief executive.

•Asian countries led by China, Japan and South Korea are the main market for Qatar’s gas, which is increasingly being sought by European countries since Russia’s invasion of Ukraine.

•Negotiations with European countries have struggled as Germany and others have baulked at signing the sort of long-term deals made with Asian nations.

•North Field is at the centre of Qatar’s expansion of its liquefied natural gas production by more than 60% to 126 million tonnes a year by 2027.

•China is the first country to seal a deal for North Field East.

•The accord would “further solidify the excellent bilateral relations between the China and the State of Qatar and help meet China’s growing energy needs”, Mr. Kaabi said.

📰 The dissenting judgment versus the razing of equality

•It is after many years that we have a judgment which elaborates on the meaning of equality under India’s Constitution in its true and expansive spirit. Here I am not referring to the majority judgment in the Economically Weaker Sections (EWS) case, but the minority opinion of the Chief Justice of India (CJI) U.U. Lalit (now former CJI) and Justice Ravindra Bhat. It may be a dissenting judgment but it gives us strength to fight for the promise of equality which forms the core of the Constitution.

•The 103rd Amendment inserting Articles 15 (6) and 16(6) to the Constitution, permits 10% reservation in educational institutions and public employment for those from the EWS. This reservation explicitly excludes persons from the Scheduled Castes (SC), Scheduled Tribes (ST) and the Other Backward Classes (OBC) categories. The majority judgment of Justices Dinesh Maheshwari, Bela M. Trivedi and J.B. Pardiwala upheld the constitutionality of the amendment and held that such exclusion was justified because the SC, ST and OBC categories had reservations under Articles 15(4), 15(5) and 16(4). They held that a ‘mere violation of the rule of equality does not violate the basic structure of the Constitution unless the violation is shocking, an unconscionable or unscrupulous travesty of the quintessence of equal justice’ and that ‘if any constitutional amendment moderately abridges or alters the equality principles, it cannot be said to be a violation of the basic structure’.

•This brings us to the principle of equality and its place in the Constitution. Can the guarantee of equality be violated and if so, would the identity of the Constitution survive? The Supreme Court of India has held that in understanding what forms part of the ‘basic structure’ of the Constitution, that inviolable part which can never be tampered with or altered, equality is an integral part of it. It is one of those core features without which the Constitution will not be recognisable and can never be taken away, however ‘minor’ such violation may be.

Turning intersectionality on its head

•If poverty is the criterion for reservation, it is a matter of record that the bulk of the poor in the country are from Dalit, Adivasi and Bahujan communities due to centuries of stigma and discrimination they have experienced. How can they be excluded based on their caste status? The dissenting judgment eloquently recognises that human beings do not exist in separate distinct ‘silos’. A person who is poor, would also most likely be from an oppressed caste background, minority religion, female or may have a disability, and in fact many of these conditions may be the reason for her poverty. The UN Committee on Economic, Social and Cultural Rights recognises that “discrimination may cause poverty, just as poverty may cause discrimination”.

•The EWS amendment turns the theory of intersectionality on its head. The concept of intersectionality is a lens for seeing the way in which various forms of inequalities often operate together and exacerbate each other. Crenshaw argues that we may talk about race or caste inequality as separate from inequality based on gender, class, sexuality or disability, but fail to see how some people can be often subject to all of these, and the experience is not just the sum of its parts. Instead of recognising the aggravated discrimination faced by persons at the intersections of caste and poverty, the EWS amendment punishes them for being at the intersections. By excluding the SC and ST communities, the amendment actively discriminates against them. Justice Bhat and CJI Lalit point out painfully that if poverty is the criteria for reservation, then can it be justified that an Adivasi girl would not be entitled to such opportunity because she already has existing reservations, although she falls under the EWS description? It would amount to her gender and Adivasi status being used to discriminate against her and from denying her the opportunities for the EWS. They argue that this convenient way of putting people within “silos” fails to locate the individual within a collective and reduces her visibility in the debate. Reservations on the basis of caste in Articles 15(4) and 16(4) are not privileges or benefits, but reparative measures meant to level the field for communities facing social stigmatisation. To use this as a ground to deny EWS reservation to the poorest, based on their social backwardness and legally acknowledged caste stigmatisation, the dissent held that it would amount to discrimination which is prohibited under the Constitution.

The essence of equality

•The dissent also makes the link between equality, non-discrimination and the abolition of untouchability. First, it recognises the importance of Article 15(1) or the obligation of non-discrimination on the grounds of caste, race, sex, religion and place of birth as an integral part of the Equality Code. This is important, because Article 15(1) has been one of the least used Articles in our Equality Code. Courts have historically been reluctant to give a finding of discrimination on any of the prohibited grounds under Article 15(1). Second, the dissent reiterates the importance of Article 17 on the abolition of untouchability in any form. It recognizes that Article 17 imposes an obligation on the state to prohibit caste discrimination in any manner and is not only part of the Equality Code but indeed the entire framework of the Constitution. Thus, the dissent states that the obligation not to exclude or discriminate against SC/ST communities by reason of the express provisions in Articles 17 and 15(1) constitutes the essence of equality, and this can be said to be part of the basic structure of the Constitution. This is by far the most crucial part of the dissenting judgment, and we would all be at a loss if we fail to recognise its importance.

•The UN Special Rapporteur on Extreme Poverty and Human Rights, Olivier de Schutter in his latest report states that prohibitions of discrimination generally focus on status-based discrimination on grounds such as sex, caste, race or ethnicity, religion, age, disability or sexual orientation. These grounds are deemed particularly “suspect” because they are largely immutable. The report states that recognising these status-based horizontal inequalities is essential since victims of discrimination on the grounds of status are disproportionately represented among people living in poverty.

•Poverty or socio-economic disadvantage would be a useful marker for reservations, but can poverty have exclusions on the basis of caste? The dissent holds that the Equality Code under Articles 14, 15, 16 and 17 of the Constitution promotes the inclusiveness of all sections of society, and the EWS amendment which excludes people based on their caste would destroy our constitutional ethos of non-discrimination.

•I would argue that the upholding of the 103rd Amendment, which is sought to benefit persons on the ground of poverty and excludes members of communities which faced continual discrimination and whom poverty afflicts in the most aggravated form, marks the annihilation of equality under the Constitution. It will open doors to only creating more exclusions and distinctions within our society and may lead to damaging the very identity and the soul of the Constitution.

📰 How different is the new data protection Bill?
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Wednesday, November 09, 2022

The HINDU Notes – 09th November 2022

16:11

 


📰 UN chief slams companies engaging in ‘toxic cover-up’

Firms cannot claim to be net zero if they invest in fossil fuels or cause deforestation, says a COP-27 report; Guterres asks stakeholders to update net zero pledges in a year to comply with UN norms

•The UN’s chief called on Tuesday for an end to a “toxic cover-up” by companies as a sweeping report said they cannot claim to be net zero if they invest in new fossil fuels, cause deforestation or offset emissions instead of reducing them.

•Antonio Guterres said businesses as well as cities and regions should update their voluntary net zero pledges within a year to comply with the recommendations by UN experts, as he trained his sights on fossil fuel firms and “their financial enablers”.

•“Using bogus ‘net-zero’ pledges to cover up massive fossil fuel expansion is reprehensible. It is rank deception,” he said at the launch of the report at the COP-27 conference in Egypt. “This toxic cover-up could push our world over the climate cliff. The sham must end.”

•The UN expert panel, convened after the UN climate talks last year, set its sights on drawing a “red line” around greenwashing in net zero targets from companies, cities and regions.

•A huge surge in decarbonisation pledges in recent months means that around 90% of the global economy is now covered by some sort of promise of carbon neutrality, according to Net Zero Tracker.

•“It’s very easy to make an announcement that you are going to be net zero by 2050. But you have to walk the talk and what we’ve seen is that there is not enough action,” said Catherine McKenna, Canada’s former Environment and Climate Change Minister, who led the panel.

•The report lists a slew of recommendations, including calling on governments to begin putting in place binding regulations.

UAE-Egypt deal

•Meanwhile, the UAE and Egypt agreed to develop one of the world's largest wind farms in a deal struck on the sidelines of summit.

•The 10 GW onshore wind project in Egypt will produce 47,790 GWh of clean energy annually once it is completed, the UAE’s state news agency said. It will offset 23.8 million tonnes of carbon dioxide emissions - equivalent to around 9% of Egypt's current CO2 output.

📰 ‘No consensus’ is derailing counter-terror diplomacy

•India’s decision to host the special session of the United Nations Security Council’s Counter-Terrorism Committee (UNSC-CTC) last month — held in Mumbai and New Delhi, it focused on new and emerging technologies — is one of a number of events planned by the Government to give its counter-terror diplomacy a greater push. Later this month, New Delhi will host the third edition of the “No Money For Terror” (NMFT) conference that will look at tackling future modes of terror financing. And in December, when India takes over the United Nations Security Council Presidency for the last time before its two-year term in the Council ends, India will chair a special briefing on the “Global Counter Terrorism Architecture”, looking at the challenges ahead.

•While the focus is on the future of the fight against terrorism, it is important to look at some of the challenges that already exist, especially when the world’s attention is consumed by the war in Europe, dealing with the aftermath of COVID-19, and global economic recession.

GWOT – built on an unequal campaign

•The first challenge is that the “Global War On Terrorism” (GWOT), as it was conceived by a post-9/11 United States is over with the last chapter written last year, as the United States negotiated with the Taliban, and then withdrew from Afghanistan. GWOT itself was built on an unequal campaign — when India had asked for similar help to deal with the IC-814 hijacking (December 1999) less than two years prior to the 9/11 attacks (with evidence now clear that those who the Atal Bihari Vajpayee government was forced to release were all terrorists who went on to help with planning, funding or providing safe havens to the al-Qaeda leadership), its pleas fell on deaf ears in the U.S., the United Kingdom, the United Arab Emirates (UAE), and of course, Pakistan, all of whom were hit by the same terrorists in later years.

•Even after GWOT was launched, Pakistan’s role as the U.S.’s ally, and China’s “iron friend” ensured that the UNSC designations of those who threatened India the most, including Masood Azhar and Hafiz Saeed, never mentioned their role in attacks in India. The maximum India received in terms of global cooperation was actually from economic strictures that the Financial Action Task Force (FATF)’s grey list placed on Pakistan — Pakistan was cleared from this in October — indicating that the global appetite to punish Pakistan for terrorism has petered out.

•In addition, the weak international reaction to the Taliban’s takeover of Kabul, and its persecution of women and minorities in the country, demonstrate rising fatigue levels in dealing with “another country’s problems”. The hard reality for India is that the future of counter-terrorism cooperation is going to be less cooperative, and counter-terror regimes such as the UNSC Resolutions 1267, 1373, etc. rendered outdated and toothless.

A blur over definition, new technologies

•Next, the growing global polarisation over the Russia-Ukraine war is not only shifting the focus from terrorism but is also blurring the lines on what constitutes terrorism. The CTC meeting in Delhi, for example, was disrupted over Russia’s claims that the U.K. helped Ukraine launch drone attacks on Russia’s naval fleet in Sevastopol. The question remains: . if drone attacks by Yemeni Houthis on the UAE and Saudi Arabia’s oil infrastructure were condemned as terrorist attacks, why was the line drawn for drone attacks on Russian ships in a port used for loading grain, or a bridge bombing that put so many civilian lives at risk? On the other hand, how will Russia square up the possible recruitment of the former Afghan republic’s National Army Commando Corps into its war in Ukraine? Would not these commandos who once fought Taliban terrorists, now qualify as terrorists themselves?

•Away from the battlefield, the polarisation has rendered the body tasked with global peace, paralysed: as the UNSC is unable to pass any meaningful resolutions that are not vetoed by Russia or western members, and China has been able to block as many as five terror designations requested by India and the U.S.

•Perhaps the biggest opportunity lost due to the UNSC’s other preoccupations has been the need to move forward on India’s proposal, of 1996, of the Comprehensive Convention on International Terrorism (CCIT). While each conference, including the CTC meeting in Delhi, makes passing the CCIT a goal, very little progress has been made on the actual issues such as the definition of terrorism, concerns over human rights law conflicts, and the old debate on ‘freedom fighter vs terrorist’. Despite several changes in the draft made by India in 2016, consensus for the convention is still elusive.

•The next challenge comes from emerging technologies and the weaponisation of a number of different mechanisms for terrorism purposes. Drones are already being used to deliver funds, drugs, weapons, ammunition and even improvised explosive devices. After the COVID-19 pandemic, worries have grown about the use of biowarfare, and Gain-of-Function (GoF) research to mutate viruses and vectors which could be released into targeted populations. In a future that is already here, the use of artificial intelligence (AI) systems and robotic soldiers makes it even easier to perpetrate mass attacks while maintaining anonymity. Terror financing uses bitcoins and cryptocurrency, and terror communications use social media, the dark web and even gaming centres.

The drivers of strife

•Unless there is global consensus on regulating the use of these emergent technologies by all responsible states, it will be hard to distinguish their use from those by designated terror entities, or state-sponsored terrorism. Pakistan, Iran and North Korea are the most obvious examples of countries where the establishment has supported terrorist groups carrying out cross-border strikes, drone attacks and cyberwarfare. But what does one make of drone strikes by North Atlantic Treaty Organization countries in Yemen, Syria, Afghanistan, Somalia, where civilians have been killed, or Chinese government-run hackers who disable urban electric grids?

•Nor are there any globally accepted norms on how and in what measure one is to respond to those attacks: whether it is the U.S.’s flattening of Afghanistan post-9/11, Pakistan’s aerial strikes on its own populations in Swat and Balochistan, India’s crossing of the UN-monitored Line of Control after the Uri attack (September 2016) and missile strikes on Pakistani territory (Balakot, in February 2019) after the Pulwama suicide bombing (February 2019), or Israel’s relentless bombardment of buildings in Gaza in retaliation for rocket attacks. Without some consensus on what constitutes terror, no war on terrorism can be truly global.

•The truth is global inequity, food and energy shortages, climate change and pandemics are going to be the next big drivers of strife and violence in the world, where global stakeholders are at present distracted by territorial disputes and narrow political differences. Terrorist acts of the future will grow more and more lethal, will need fewer people to carry out, and with their sponsors having more and more anonymity. India, as host of these counter-terrorism events, and of the Shanghai Cooperation Organization (SCO) and the next G-20, must stop fighting the “last war” on terrorism, and steer the global narrative towards preparing for the next ones.

📰 After the dust, a clearer picture of Agnipath’s direction
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Tuesday, November 08, 2022

The HINDU Notes – 08th November 2022

13:29

 


📰 Reservation policy cannot continue indefinitely, says SC

Justice P.B. Pardiwala says real solution lies in eliminating the causes that have led to the social, educational and economic backwardness of the weaker sections of the community

•Three judges on the Constitution Bench, in views which formed both the majority and minority opinions, said the policy of reservation in education and employment cannot continue for an indefinite period.

•Justice Bela M. Trivedi, who was part of the majority judgment, said the reservation policy must have a time span. “At the end of 75 years of our Independence, we need to revisit the system of reservation in the larger interest of the society as a whole, as a step forward towards transformative constitutionalism,” Justice Trivedi said.

•She pointed out that quota for the Scheduled Castes and the Scheduled Tribes in the House of the People and in State Legislative Assemblies would cease 80 years from the commencement of the Constitution. The representation of Anglo-Indian communities in Parliament and Assemblies has already stopped by virtue of the 104th Constitutional Amendment from January 25, 2020. “Therefore, a similar time limit, if prescribed, for the special provisions in respect of the reservations and representations provided in Article 15 and Article 16 of the Constitution, it could be a way forward leading to an egalitarian, casteless and classless society,” Justice Trivedi observed.

•Though not expressly said, Justice Trivedi’s view on stopping quota under Articles 15 and 16 would also encompass EWS reservation.

•Justice P.B. Pardiwala said “reservation is not an end but a means — a means to secure social and economic justice. Reservation should not be allowed to become a vested interest. Real solution, however, lies in eliminating the causes that have led to the social, educational and economic backwardness of the weaker sections of the community”.

•He said “long-standing development and the spread of education” had resulted in tapering the gap between the classes to a considerable extent. Large percentages of Backward Class members attain acceptable standards of education and employment. They should be removed from the Backward categories so that attention could be paid toward those genuinely in need of help.

•“It is very much necessary to take into review the method of identification and the ways of determination of Backward Classes, and also, ascertain whether the criteria adopted or applied for the classification of Backward is relevant for today’s conditions,” Justice Pardiwala said.

•In his minority view on the Bench, Justice S. Ravindra Bhat reminded Baba Saheb Ambedkar’s observations that reservations should be seen as temporary and exceptional “or else they would eat up the rule of equality”.

📰 Supreme Court, in a majority verdict, upholds the EWS quota

10% reservation to the ‘poorest of poor’ among forward castes does not affect Basic Structure of the Constitution, say three judges of the five-member Bench; CJI, another judge hold that exclusion of other communities is avowedly discriminatory

•A Constitution Bench of the Supreme Court on Monday, in a 3:2 majority decision, upheld the validity of the 103rd Constitutional Amendment, which provides 10% reservation in government jobs and educational institutions to the Economically Weaker Sections (EWS) of society but excludes the “poorest of poor” among Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally Backward Classes (SEBC) and Other Backward Classes (OBC) from its scope.

•Justices Dinesh Maheshwari, Bela M. Trivedi and J.B. Pardiwala delivered the majority opinions on the five-judge Bench in an hour-long session.

•Chief Justice U.U. Lalit, on his last working day, and Justice S. Ravindra Bhat gave the minority view, which Justice Bhat authored.

•On whether such a reservation on the sole basis of economic criterion violated the Basic Structure of the Constitution, Dinesh Justice Maheshwari took the expansive view that reservation was an “instrument of affirmative action by the state” and should not be confined to the SCs, STs, SEBCs, and the non-creamy layer of the OBCs but also include “any class or sections so disadvantaged as to answer the description of ‘weaker section’”.

•Justice Trivedi, on her part, noted that “the legislature understands and appreciates the needs of its own people”.

•The three judges in the majority held that reservation on economic criterion alone did not violate the Basic Structure of the Constitution.

📰 We’re on highway to climate hell, UN chief says at COP-27
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Monday, November 07, 2022

The HINDU Notes – 07th November 2022

15:32

 


📰 The Uniform Civil Code

What were the Constituent Assembly debates about the UCC? What were the different arguments? Is uniformity even desirable for a nation that is as diverse as India? How have Courts looked upon the implementation of the UCC?
• Gujarat has joined the list of BJP-ruled States that have called for implementing the Uniform Civil Code (UCC). While there is no draft or model document yet for the UCC, the framers of the Constitution envisioned that it would be a uniform set of laws that would replace the distinct personal laws of each religion.
• The clause on UCC generated substantial debate in the Constituent Assembly about whether it should be included as a fundamental right or a directive principle. Dr. B.R. Ambedkar felt that while desirable, the UCC should remain “purely voluntary” in the initial stages. He stated that the Article “merely” proposed that the state shall endeavour to secure a UCC, which means it would not impose it on all citizens.
• It has been argued that while India does have uniformity in most criminal and civil matters like the Criminal Procedure Code and the Civil Procedure Code, States have made over 100 amendments to the CrPC and IPC, as well as several amendments to civil laws. Similarly, looking at the codified personal laws of various communities in India — all Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill, neither are Muslims and Christians under their personal laws.
The story so far:
• Ahead of the upcoming Assembly elections, Gujarat on October 29 joined the list of BJP-ruled States that have called for implementing the Uniform Civil Code (UCC). Gujarat Home Minister Harsh Sanghavi along with Union Minister Parshottam Rupala announced that the State will constitute a committee headed by a retired High Court judge to evaluate all aspects for implementing the UCC.
What did the Constituent Assembly say about the UCC?

•Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. While there is no draft or model document yet for the UCC, the framers of the Constitution envisioned that it would be a uniform set of laws that would replace the distinct personal laws of each religion with regard to matters like marriage, divorce, adoption, and inheritance. Part IV of the Constitution outlines the Directive Principles of State Policy, which, while not enforceable or justiciable in a court of law, are fundamental to the country’s governance.

•The clause on UCC generated substantial debate in the Constituent Assembly about whether it should be included as a fundamental right or a directive principle. The matter had to be settled by vote; with a majority of 5:4, wherein the sub-committee on fundamental rights headed by Sardar Vallabhbhai Patel decided that securing a UCC was not within the scope of fundamental rights.

•Members of the Assembly took starkly contrasting stances on the UCC. Some also felt that India was too diverse a country for the UCC. Member Naziruddin Ahmad from Bengal argued that certain civil laws in all communities were “inseparably connected with religious beliefs and practices”. He felt the UCC would come in the way of Article 19 of the draft Constitution (now Article 25) which guarantees the right to freedom of religion subject to public order, morality, and health. While he was not against the idea of a uniform civil law, he argued that the time for that had not yet come, adding that the process had to be gradual and not without the consent of the concerned communities.

•Member K.M. Munshi however, rejected the notion that a UCC would be against the freedom of religion as the Constitution allowed the government to make laws covering secular activities related to religious practices if they were intended for social reform. He advocated for the UCC, stating benefits such as promoting the unity of the nation and equality for women. He said that if personal laws of inheritance, succession and so on were seen as a part of religion, then many discriminatory practices of the Hindu personal law against women could not be eliminated.

•Dr. B.R. Ambedkar had more of an ambivalent stance toward the UCC. He felt that while desirable, the UCC should remain “purely voluntary” in the initial stages. He stated that the Article “merely” proposed that the state shall endeavour to secure a UCC, which means it would not impose it on all citizens. The amendments to protect personal laws from the UCC were eventually rejected.

What are the various arguments around the UCC?

•It has been argued that while India does have uniformity in most criminal and civil matters like the Criminal Procedure Code, Civil Procedure Code, and the Contract Act, States have made over 100 amendments to the CrPC and IPC, as well as several amendments to civil laws. For instance, BJP-ruled States reduced the fines prescribed and justified by the Centre under the amended Motor Vehicles Act. Another example could be that the law of anticipatory bail differs from one State to another.

•Experts thus argue that if there is plurality in already codified civil and criminal laws, how can the concept of ‘one nation, one law’ be applied to diverse personal laws of various communities? Besides, constitutional law experts argue that perhaps the framers did not intend total uniformity, which is why personal laws were placed in entry 5 of the Concurrent List, with the power to legislate being given to Parliament and State Assemblies.

•Looking at the codified personal laws of various communities in India — all Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill, neither are Muslims and Christians under their personal laws. Even at the time of drafting the Hindu Code Bill, several of its provisions actually sought to locate the complex links between the importance of inheritance, succession rights and the right to divorce. But facing staunch opposition from conservative quarters, it was amended, diluted, and watered down multiple times to finally be separated into four different Acts — the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act — in the 1950s.

•Constitutional law scholar Faizan Mustafa notes that while marriages amongst close relatives are prohibited by the Hindu Marriage Act of 1955, they are considered auspicious in the south of India. Even the Hindu Succession Act of 1956 made several compromises and could not make the daughter a coparcener till 2005. Wives are still not coparceners nor do they have an equal share in inheritance. Similarly, there is still no uniform applicability when it comes to the Muslim personal law or the Shariat Act that was passed in 1937. For instance, the Shariat Act is not applicable in Jammu and Kashmir and Muslims continue to be governed by customary law which is at variance with the Muslim personal law in the rest of the country. The applicability also varies for certain sects of Muslims. Besides, many tribal groups in the country, regardless of their religion, follow their own customary laws

•While the Supreme Court in 2019 hailed Goa as a “shining example” of an Indian State which has a functioning UCC, experts point out that the ground reality in Goa is more complex and that the Code has legal pluralities. The Goa Civil Code was given by the Portuguese in 1867; it permits a certain form of polygamy for Hindus while the Shariat Act for Muslims has not been extended to Goa with Muslims of the State being governed by Portuguese law as well as Shastric Hindu law. The Code gives certain concessions to Catholics as well. Catholics need not register their marriages and Catholic priests can dissolve marriages performed in church.

•Meanwhile, the BJP’s 2019 manifesto as well as the Uttarakhand Chief Minister Pushkar Singh Dhami’s UCC committee proposal argue that the uniform code would be formed by taking the best practices of various religions and tailoring them for modern times. Researchers say this would essentially mean picking up certain Muslim practices and applying them to the Hindu community (or vice-versa), and question whether there would not be any opposition to the same.

What has the Supreme Court said about the UCC?

•The Supreme Court in various judgements has called for the implementation of the UCC. In its Mohd. Ahmed Khan vs Shah Bano Begum judgement of 1985, where a divorced Muslim woman demanded maintenance from her former husband, the apex court while deciding whether to give prevalence to the CrPc or the Muslim personal law, called for the implementation of the UCC.

•The Court also called on the government to implement the UCC in the 1995 Sarla Mudgal judgement as well as in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).

What has the Law Commission said?

•The Modi government in 2016 requested the Law Commission of India to determine how to form a code in the presence of “thousands of personal laws” in the country. In 2018, the Law Commission submitted a 185-page consultation paper on the reform of family law. The paper stated that a unified nation did not necessarily need “uniformity”, adding that secularism could not contradict the plurality prevalent in the country. In fact, the term “secularism” had meaning only if it assured the expression of any form of difference, the Commission noted. While saying that a UCC “is neither necessary nor desirable at this stage”, the report recommended that discriminatory practices, prejudices and stereotypes within a particular religion and its personal laws should be studied and amended. The Commission suggested certain measures in marriage and divorce that should be uniformly accepted in the personal laws of all religions. Some of these amendments include fixing the marriageable age for boys and girls at 18 years so that they are married as equals, making adultery a ground for divorce for men and women and simplifying the divorce procedure. It also called for the abolition of the Hindu Undivided Family (HUF) as a tax-exempted entity.

What is the government’s stance?

•While the UCC is a long-time poll promise of the BJP, Union Law Minister Kiren Rijiju said in Parliament this year that the government currently had no plans to set up a panel to implement the UCC and requested the 22nd Law Commission of India to undertake an examination of various issues relating to the same. The chairperson and members of said Law Commission, which was set up in 2021, have not yet been appointed.

📰 Architecture, the profession, needs strengthening

•It is 50 years since the Architects Act (1972) was passed to help build the modern profession of architecture. Architects have made steady progress since then, established contemporary design’s value and expanded their professional base. There are now about 1,26,000 registered architects, with around 10,000 new registrations every year. However, instead of effusing confidence and success, architects seem to be facing the same dilemmas they confronted 50 years ago: the profession has yet to be recognised in its own right, there is bitter rivalry with its engineering cousins, low professional fee structures, poor protection from market forces and confusion about the road ahead. Equally perplexing are the solutions proposed and charting a path. There are many who want to seek the legal route, amend the Act and demand that the state protect the profession further.

A legal route is futile

•If history has any lessons to offer, it is the opposite. Acts do not guarantee excellence. Choking regulations are counterproductive; market forces are powerful and can countervail barriers to competition. In this context, pursuing a legal route to take on multitudinous challenges will be unproductive and futile. Instead, architects can do better if they abandon archaic notions of ‘profession’ built on narrow jurisdictional boundaries and focus on broad-basing practice, investing in internal cohesion, and improving professional ethics and quality of services. The path to securing a professional Act in architecture was not easy. Architecture emerged as a distinct profession and formed an influential association in the 19th century in the United Kingdom, but that was not the case in India. There were not enough architects or institutions to ensure parallel development. The first national-level association of architects was formed in 1929 with 158 members, many of whom were in Bombay. When professionalisation picked up momentum after Independence, and professional legislation such as the Dentists Act in 1948 and Indian Medical Council Act in 1956 were passed, it encouraged architects to revive their demands and struggle; they finally got their Act in 1972.

•The Act was seen by architects as essential to separate them from those offering vocational services and also engineers. However, the government was unwilling to accept their demands and refused to make rendering architectural services exclusive to architects as it found many building services to be overlapping with those of engineers. The government only conceded to protect the title ‘architect’, which only qualified and registered professionals can use. Architects have had complaints since then.

•Professionalisation is a monopoly of services given to those who acquire specialised knowledge. Eliot Freidson’s definitive work on professionalism justifies this as an organising principle of division of labour and argues that such monopoly is required since professionals acquire, govern and develop a special knowledge that society needs. Architects who enthusiastically subscribe to this ideal view overlook three key facts. First, a profession has no intrinsic privileges but is secured only through state-supported legislation. Second, in the Indian context, the profession was not formed free of contestations, and the debates have not ceased. Third, more importantly, the ground conditions have altered over the last three decades, and as an extensive consumer of professional services, the market has established itself as the lead patron. It now wields power to bulldoze any barrier to competitive procurement of services.

The state view

•State support for professions, which is critical to legitimise claims of a monopoly of services, has also been neither unconditional nor stable. Its view of what constitutes public good has changed and is currently aligned with the market economy. Large corporates and the building industry seek competition and lower fees. As patrons and powerful clients, they can ignore provisions of the Architects Act and the protocols that flow from here. Further, they prefer handing over projects to consultancy firms that offer full services, that include design and construction.

•More than in any profession, the dependency on the market and state has split architects into unequal groups. Using the categories described by Michael Reed, a scholar of organisational analysis, one can identify a minority group of influential elites and their larger firms on one side and a predominant group of independent architects with medium and small firms on the other. Elites view the market economy to their advantage and support competitive demands. They flourish when steep entry barriers, such as high turnover requirements imposed by the state and private firms, keep out many small and medium firms. This disparity cannot be addressed through legislation but can be engaged only through the professional collective.

A blueprint

•The profession can strengthen itself in three ways. To begin with, it should quickly abandon the 19th and 20th-century definitions of the profession that relies on carving out exclusive jurisdictions. Architects should reimagine their profession as part of a system of practices that draws strength from related building services such as building science and project management. It would serve better to build an alliance of building professionals, increase their collective relevance and enhance bargaining power. The second aspect is to help smaller and medium firms by lobbying to remove severe entry barriers that deny them projects. Equally important is the third way. Strengthening what Freidson calls the ‘soul of the profession’ by focusing on ‘practice and institutional ethics’, thereby, enhancing the quality of services. If any amendment to the Act is taken up, it should acknowledge the changed conditions of practice and enable alliances between professions.

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