Topics

1. The dangers in the Digital Personal Data Protection Bill
2. IIM bill is a bold move.
3. Fading Green
4. The 2047 Classrooms

The dangers in the Digital Personal Data Protection Bill

Introduction

• The Digital Personal Data Protection (DPDP) Bill is set to be introduced in the Indian Parliament, but concerns have arisen regarding the secrecy surrounding its final draft and the lack of transparency during its formulation process.

• Opposition members walked out of a Parliamentary Standing Committee meeting, claiming that they were not shown the Bill and that it was not formally referred to the committee.

• Moreover, the Ministry of Electronics and Information Technology (MeitY) consulted primarily with industry and big tech companies, raising questions about the law’s potential impact on citizens’ fundamental rights.

Protecting Fundamental Rights: Right to Information and Right to Privacy

• The Data Protection Bill of 2022 includes a provision to amend the Right to Information (RTI) Act, which empowers Indian citizens to seek information and hold their government accountable.
• For a functioning democracy, access to information, including various categories of personal data, is essential.
• However, the DPDP Bill’s proposed amendments to Section 8(1)(j) may exempt all personal information from disclosure, potentially undermining the right to information and privacy simultaneously.

Threats to Transparency and Accountability

• The DPDP Bill empowers the executive to draft rules and notifications on a wide range of issues, allowing the government to exempt certain entities, including private sector entities and government bodies, from the law’s provisions.

• This discretionary power might lead to arbitrary exemptions for government cronies and entities like the Unique Identification Authority of India (UIDAI), raising concerns about privacy violations.

• Meanwhile, smaller organizations and opposition parties may be burdened with stringent data fiduciary obligations.

Autonomy of Data Protection Board

• To effectively protect personal data, an independent oversight body is crucial.
• The draft Bill, however, lacks adequate provisions for ensuring the autonomy of the Data Protection Board, which will be responsible for enforcing the law.
• The central government has extensive powers to determine the board’s strength, composition, and appoint its chief executive, potentially leading to a government-controlled institution open to misuse for political gains.

Ensuring Protection without Infringement

• The primary objective of a data protection law should be to curtail the misuse of personal data while safeguarding citizens’ rights.
• To achieve this, it is essential to address the concerns raised about the DPDP Bill before its enactment.
• A balance must be struck between data protection and democratic rights, ensuring that the law does not empower the central government while depriving citizens of their ability to access information and hold those in power accountable.

Conclusion

• The introduction of the DPDP Bill in Parliament has raised legitimate concerns about the lack of transparency, potential infringement of fundamental rights, and the risk of a government-controlled oversight body.
• To safeguard the interests of the citizens and preserve democratic principles, it is crucial to address these issues and ensure that the data protection law serves its intended purpose without undermining transparency, accountability, and citizens’ democratic rights.
• Public debate and discussion are essential to strike the right balance and avoid enacting a law that could have unintended adverse consequences for India’s information regime.

IIM Bill is a Bold Move

Introduction

• The Indian Institutes of Management (IIM) Act, passed in 2017, granted unprecedented autonomy to the IIMs, expanding their powers and decision-making authority.

• However, the Act included a clause that required the Board of Governors (BoG) of the IIMs to commission an independent review of the institutes every three years and make the report public.

• Six years later, only a few IIMs have complied with this requirement, indicating a governance vacuum within the IIM system. This failure to comply led the government to table the IIM (Amendment) Bill in Parliament in 2023, seeking to reclaim some of the powers ceded in the previous Act.

• The bill proposes significant changes to the appointment process and introduces the post of Visitor, the President of India, to ensure accountability and proper oversight.

Provisions of the IIM (Amendment) Bill of 2023

• The 2017 legislation granted considerable authority to the BoG, allowing them to make key appointments and reducing government representation on the Board.
• In contrast, the 2023 Bill aims to undo many provisions of the earlier Act.
• It introduces the post of Visitor, the President of India, who will appoint the BoG’s chairperson, have a nominee on the director’s selection committee, and chair the Coordination Forum for the IIMs.
• The Visitor will also approve all director appointments and can initiate reviews and inquiries into institute affairs and remove directors unilaterally.
• The government’s dissatisfaction with the IIMs’ responsiveness to queries and suggestions seems to be a driving force behind these proposed changes.

Turbulence in the IIM System

• In recent years, the IIM system has experienced unprecedented turbulence.

• Instances of faculty and alumni protests against the directors’ decisions at IIM Ahmedabad and IIM Calcutta, along with legal battles over the director’s continuance at IIM Rohtak, have raised concerns about unchecked directorial powers.

• Some lower-ranked IIMs have also been accused of functioning as petty tyrannies, where directors wield unchecked authority.

• Moreover, there has been a consistent rise in MBA course fees, seemingly unrelated to actual costs, further fueling dissatisfaction among stakeholders.

Lack of Checks and Balances

• The IIM Act of 2017 unintentionally created a lack of meaningful checks and balances on the director’s authority.

• With the government’s passive role on the BoG and the absence of norms on key matters like dean appointments, the situation worsened.

• The boards of directors were left unaccountable, with little incentive to exercise proper oversight.

• This accountability vacuum became a significant concern, leading to the government’s move to amend the Act and restore accountability.

Government Control and Autonomy

• The notion that government control is detrimental to educational institutions’ functioning, as observed in the IIMs’ case, is challenged.

• State-controlled universities in systems like California, where the Governor sits on the board, are among the best globally.

• Moreover, government control has not hindered the Indian Institutes of Technology (IITs) from achieving global recognition.

• The IIM brand itself flourished for decades under government control, indicating that autonomy does not necessarily guarantee success.

• The government’s move to restore accountability is seen as a positive step to protect the brand’s reputation and ensure effective governance.

Conclusion

The proposed IIM (Amendment) Bill of 2023 seeks to address the governance vacuum and lack of accountability in the IIM system.

While the 2017 Act granted autonomy, it inadvertently allowed unchecked powers to directors without adequate oversight.

The government’s initiative to amend the Act and introduce the post of Visitor aims to restore democratic accountability and protect the reputation of the IIM brand.

It remains to be seen how this move will be received by various stakeholders, but it represents an attempt to strike a balance between autonomy and accountability for the better functioning of these premier educational institutions.

Fadding Green

Introduction

• The Forest (Conservation) Amendment Bill 2023 introduced by the government claims to uphold pro-conservation principles, but upon closer examination, it becomes evident that it is indulging in “green-gutting.”
• Greenwashing refers to actions that use positive environmental language but fail to achieve significant environmental benefits.
• In this context, green-gutting involves undermining environmental regulations and forest conservation while maintaining the facade of being environmentally friendly.

The Forest Conservation Act (FCA) – Origins and Impact

• The Forest Conservation Act, 1980 (FCA), was enacted to curb the liberal diversion of forest land for non-forest activities, especially cultivation.
• Initially, the FCA led to a slowdown in forest diversion. However, after 1991, pressure mounted to allow diversion for so-called “development projects” like highways, dams, and mining, weakening the regulation.
• Compensatory afforestation, mandated as a requirement, often failed to yield meaningful results and merely expanded forest department estates.

The T N Godavarman Case – Extending FCA Applicability to “Deemed Forest” Land

• In 1996, the Supreme Court addressed the inconsistent application of the FCA to all forests.
• It brought previously unregulated land under the FCA’s ambit, creating a new category called “deemed forest” land.
• This approach had limitations, as the physical status of forest cover was ephemeral and administrative machinery relied on records.
• Nevertheless, the 1996 order ensured regulation of government lands covered by forest against casual diversion.

The Forest Rights Act (FRA) – The Role of Local Communities

• The passage of the Forest Rights Act in 2006 added another layer of regulation, empowering local communities with rights over the forest to have a say in forest diversion.

• In the Niyamgiri case, the Supreme Court upheld the rights of local communities, resulting in the cancellation of the Vedanta bauxite mining project when communities refused consent for diversion.

The Erosion of Environmental Regulations

• Since 2014, there has been a concerted effort to gut the FCA and other environmental regulations. A discourse of “delays in clearances” was created to exert pressure.
• The lack of clear thresholds in the FCA regarding diversion allowed for exploitation.
• The Forest Advisory Committee was influenced to prioritize developmental and national security concerns over conservation.
• Consent from local rights-holders was often bypassed, and exemptions for “linear projects” further weakened community rights.

The Forest (Conservation) Amendment Bill 2023 – Greenwashing and Undermining

• The Bill introduces a pro-conservation preamble to create an illusion of environmental commitment while undermining regulations through actual amendments.

• One amendment narrows the scope of regulation to land “recorded as forest,” rendering the Godavarman order ineffective.

• This opens the door for forest diversion, as many forests, including the Niyamgiri forests, are not officially notified.

• Another amendment provides complete exemption for linear projects labeled as “strategic projects of national importance and concerning national security” within 100 km of the national border, potentially granting a carte blanche to the government.

• The definition of “strategic” and “national importance” can be subjectively manipulated to justify various projects.

• A third amendment exempts security camps in Maoist-affected districts, despite their contribution to deforestation in the Bastar region.

• A fourth amendment allows the creation of zoos and safaris as “forestry purposes,” leaving room for further exploitation.

Conclusion

The Forest (Conservation) Amendment Bill 2023’s greenwashing tactics aim to create a positive perception of environmental concern while introducing amendments that undermine forest conservation and regulations. It follows a pattern of diluting environmental safeguards that began in 2014.

These changes may have serious consequences for forest cover and local communities’ rights. Despite potential challenges in preventing the passage of the Bill, public awareness and mobilization will be crucial in safeguarding the environment and preserving meaningful forest governance.

Source: https://indianexpress.com/article/opinion/columns/forest-conservation-amendment-bill-2023-positive-environmental-benefits-green-gutting-sc-1996-godavarman-order-8871986/

The 2047 Classrooms

Introduction

• The year is 2047, and a new phenomenon in education has emerged in India, with schools embodying the spirit of Gandhi’s idea of uniting the hand, the heart, and the head.
• These schools have been made possible through the efforts of educationists who lived and worked in them, creating common schools for all children.
• The government policies eventually changed, and Panchayats began supporting this movement, leading to the establishment of such schools throughout the country.

A Holistic Approach to Learning

• The schools operate with multi-age classes, encouraging students to engage in hands-on learning experiences that foster a deeper understanding of concepts.
• The focus is on developing conceptual knowledge, recognizing that it matures in children by the age of around 12.
• Teachers have the freedom to modify their lessons according to the context of the class while working towards larger educational goals.

A Glimpse Inside a School

• The school the observer visits is located in a crowded city area with limited space but includes a small vegetable garden alongside the playground.
• One of the classrooms for 10–12-year-olds has a mini-workshop with musical instruments, a large computer screen, low tables, high tables, chairs, and mats. The class has 24 children and two teachers.

Learning through Real-World Projects

• In this class, students are engaged in making a working steam engine, which serves as a prelude to understanding the concept of energy.
• The teacher emphasizes the historical significance of the steam engine in the development of thermodynamics and how the concept of energy is essential for addressing environmental challenges.

Balancing Technology and Tradition

• Although the school embraces technology, the steam engine project is preferred before delving into electricity to provide a concrete foundation for learning.
• Students also have the opportunity to work with electricity, as demonstrated by older children who previously designed a robot to solve a municipal problem with terrace gardens.
• The integration of historical and technological aspects enhances students’ understanding of the world.

Emphasis on Historical Context

• The school focuses on exposing students to the historical impact of the steam engine, including the positive and negative changes brought about by the first industrial revolution.
• Students also learn about child labor and colonialism powered by the steam engine.
• Trips to industrial museums with working machines and tools from various centuries enrich students’ understanding of industrial history.

Positive Transformation

• The teacher’s conversation with the observer highlights how India and the world have changed through this new education model.
• Students exhibit a genuine enthusiasm for learning, and their practical projects, like the working steam engines, showcase the effectiveness of this holistic approach to education.

Conclusion

The envisioned future of education in 2047 portrays a transformational shift in Indian schools, inspired by Gandhi’s ideals of integrating the hand, heart, and head.

This learner-centric approach, rooted in real-world projects, historical context, and technological exposure, has the potential to create a generation of thoughtful and creative individuals prepared to address the challenges of the future.

Source: https://indianexpress.com/article/opinion/columns/the-2047-classroom-8871993/