Economy Outlook Still Cloudy an Immediate Stimulus Is Needed to Regain the Momentum to Get India Back to 8% Growth ‘Make in India’, Reforms for Improv- Strong Rupee

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NOIDA/DELHI THE HINDU 8 EDITORIAL MONDAY, SEPTEMBER 4, 2017 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE Economy outlook still cloudy An immediate stimulus is needed to regain the momentum to get India back to 8% growth ‘Make in India’, reforms for improv- strong rupee. It’s no use saying that ing ‘Ease of Doing Business’, in- since India is a net importing coun- creased access to electricity, im- try, our exchange rate should be provement in infrastructure and stronger. If we remove gold im- Perform or perish private investment are not picking ports, a large part of which is not A Cabinet reshue that was unusually up. This must become the big prior- for consumption but as store of ity. Initiatives such as Housing For value, then our trade decit will be ajit ranade free from political considerations All, Smart Cities and Digital India much smaller. Besides most of our give room for huge opportunities other imports are oil or capital or a change, performance, and not political ex- he government’s move this for private entrepreneurs. Of goods, both of which are price in- pedience, seems to have dictated the nature and past week to publish eco- course the corporate sector and elastic. The rupee needs to be Fextent of the shue in the Council of Ministers. A Tnomic data for the April to banks have been aected by the weakened or else it will hurt do- few of the poor performers have been shown the door, June quarter of this year needs a twin balance sheet squeeze mestic manufacturing even more. notably Ministers of State Bandaru Dattatreya and Rajiv look. The real growth of GDP, i.e. wherein corporates are over-lever- Pratap Rudy, and some of the better performers among after removing the impact of ina- aged, and banks have mounting Looking at demonetisation the Ministers of State have been elevated to Cabinet tion, was only 5.7%, much lower bad loans. Whether the new insolv- Finally, one must not forget the than expected. For the past six con- ency code and regulator and the continuing adverse impact of de- rank, including Nirmala Sitharaman, Piyush Goyal and secutive quarters, the growth rate Reserve Bank of India’s aggressive monetisation. The rst half of the Dharmendra Pradhan. Kalraj Mishra probably lost out has gone down steadily, from 9.2% intervention will crack this puzzle last scal year, that is the period because of the age factor, an indication that Prime Min- at the end of the quarter ending remains to be seen. prior to demonetisation, recorded ister Narendra Modi is serious about the 75-year-rule. March 2016, to 7.9%, 7.5%, 7.0%, a real growth of 7.7%. The present Four of the entrants are former civil servants, and two 6.1% and now 5.7% at the end of the Strengthening rupee April to June quarter’s growth at

of them, Hardeep Singh Puri and Alphons Kan- June quarter. GETTY IMAGES/ISTOCKPHOTO Another signicant challenge to the 5.7% certainly includes the negat- nanthanam, are not even MPs. As Ministers with inde- This steady declining trend in aspire for. In nominal terms, one India report said that credit growth domestic industry is the ever- ive impact on the informal and the growth rate is all the more percentage less of growth trans- for the year ending last March was strengthening rupee. Since January rural economy. Investment and pendent charge, their mandate will be to single- troublesome because the economy lates into a loss of ₹1.5 lakh crore of the lowest in 63 years! the rupee is 7% stronger compared consumption spending which were mindedly focus on results without having to worry otherwise enjoys a rather condu- national income. This is a notional to the American dollar. It is postponed due to cash shortage about nurturing a constituency or reporting to a career cive combination of macroeco- loss, or is rather what might have A telling metric stronger than its Asian peer curren- might recover. But jobs that are lost politician. After her eventful stint in the Commerce nomic parameters. Ination has been. It also signies millions of The GDP is measured in at least two cies too, including China, the Phil- are lost forever. Even the Economic Ministry, Ms. Sitharaman was rewarded with the De- been moderate, and touched a low jobs not created. dierent ways. The rst is by look- ippines, Indonesia and Thailand. Survey warns about the deation- fence Ministry, making her only the second woman of 1.5% recently. Both trade and If you look closer at the num- ing at the production side while the This directly hurts our export pro- ary impact of low agricultural after Indira Gandhi to hold the portfolio. But the scal decits are moderate and bers, you nd that manufacturing second is by looking at the spend- spects. Since last October, our ex- prices. The agriculture sector GDP manageable. So they don’t eat up growth at 1.2% is the lowest in the ing side. We look at the aggregate of port growth has begun showing shows nominal GDP growth to be choices are also an indication of the small talent pool investible resources or precious past ve years. It’s the lowest since all spending, whether on consump- positive growth, after a long phase lower than real GDP, which is very before Mr. Modi. At the time he was sworn in, he in- foreign exchange. Even the interest we switched to a new methodology tion, or by foreigners buying our ex- of negative growth for 18 months. unusual. It means that farmers’ in- cluded in his team Arun Jaitley and Smriti Irani despite rate has been cut repeatedly over (based on Gross Value Added). ports, or on investments into new But thanks to the strong rupee, this comes will be depressed, and their having lost in the Lok Sabha election. Manohar the past year and a half. The inward Some of this downward movement factories and projects. In addition trend is weakening. Indeed our ex- doubling of farm incomes in ve Parrikar was asked to resign as Chief Minister of Goa to rush of dollars is at a peak, both in was caused supposedly by the sus- we also have government spend- ports are barely up 12% since Janu- years becomes that much more of a assume responsibility as Defence Minister, only to be nancial markets (stocks and pension of manufacturing activity ing. The growth in GDP can be ary, whereas imports are up more distant dream. sent back after the BJP all but lost Goa in the Assembly bonds) and as direct investment. prior to the rollout of the Goods traced to the growth and vigour of than 30%. Perhaps in the coming quarters No wonder the stock market index and Services Tax (GST) in July, and each of these components. Invest- More importantly, the strong ru- we may see a rebound. That will election this year. V.K. Singh, a former Army Chief who is at an all-time high. Even oil consequent de-stocking of invent- ment, which is between 30 and pee hurts the domestic industry crucially depend on a big pick-up in joined the BJP just before he was given the party ticket, prices, the bane of the Indian eco- ory. But it is also corroborated by 35% of the total pie, needs to grow since cheaper imports ood the manufacturing and private invest- was made Minister of State for External Aairs. Suresh nomy, have been stable and com- data from commercial banks. From at least in double digits. Investment country and eat into the market ment spending. The big structural Prabhu, who was sidelined in the Shiv Sena, was per- fortably low. Finally, the monsoon April to August bank credit shrank in future capacity creates GDP share of domestic players. The GST reforms of GST, the new insolvency suaded to join the BJP and given the important portfolio has been normal. So despite these by 1.8%, i.e. negative growth. This is growth of the future. It needs to be regime has given an extra advant- code, the new monetary frame- of Railways. And now, despite his oer to resign after a favourable macro factors, we have the lowest it has been for at least 13 led by the private sector. Currently, age to importer traders since the work and Aadhaar linkage are not managed to convert them into a years. If you remove retail loans that component is barely growing countervailing duty that they now measures which will show results series of rail accidents, he was asked to wait and then higher growth rate. such as housing and other personal at 1.5%. This is the single most pay as GST can be oset against in the medium to long term. What made Minister for Commerce and Industry. As cautioned in the Economic loans, credit to industry might ac- telling metric. As a result, capital other taxes, a concession which we need is an immediate stimulus Of course, it will be far from the truth to say that noth- Survey tabled recently in Parlia- tually be shrinking. This was formation (the basis of future was not available earlier. The big to re-inject the momentum to get us ing but performance has mattered. Ms. Irani, who was ment, it looks as if the growth rate agged back in April also when the growth) is steadily declining for jump in imports is also captured in to 8% growth. moved out of the Human Resource Development Min- will be below 7% this scal year. annual credit ow from banking for several years. Private sector invest- the June quarter of GDP data, istry after a string of controversies, retains the key In- That would be a potential loss of 1% the previous scal year clocked a ment has practically come to a which also show a worrying jump formation and Broadcasting portfolio. Uma Bharti was growth, which we can legitimately multi-decadal low. A State Bank of standstill. Despite the push for in gold imports, again thanks to a Ajit Ranade is an economist divested of her pet portfolio of River Development and Ganga Rejuvenation but got Drinking Water and Sanita- tion instead. The mercurial Ms. Bharti would have been Investing in the ecosystem a dicult person to keep out, and the change of portfo- lios is a political compromise. However, by choosing to If valued properly, natural capital can maximise the benets of economic growth and development ignore the claims of the BJP’s allies, and by making no attempt to correct imbalances in regional representa- ample, which encompass eco- chance of ignoring or undervalu- developing a unique waterless tion, Mr. Modi succeeded in creating the impression nomic services such as timber and ing natural capital, eectively lead- ozone technology to address water that he had nothing in mind other than picking the best fuel wood, and ecological services ing to projects with far higher neg- shortage challenges during a four- person for each job. In neglecting political claims he ac- such as carbon sequestration, is es- ative externalities compared to the year-long drought. The company timated to be $1.7 trillion. benets. It is necessary that we are was able to reduce its water use tually sent the political signal he wanted to: that he is his With increasing economic activ- cognisant of the limitations of nat- and water bills by 50%, saving at own man and that he will have the team he wants. ity, natural capital assets are on the ural capital and its role as a least $1,300 per month. rana kapoor decline, directly aecting the qual- primary support system for the While ndings from externality ity of life and potentially giving rise economy. assessments are restricted to in- n April 2016, while inaugurating to future ineciencies in the eco- Valuing natural capital would re- ternal business decision-making, the third Asia ministerial confer- nomy. ‘Earth Overshoot Day’, a g- quire internalising externalities going forward, externality valu- Back to the ballot Ience on tiger conservation, urative calendar date when hu- and taking into account the myriad ation can also contribute towards Prime Minister Narendra Modi manity’s total annual resource GETTY IMAGES economic and ecological products enhancing organisational trans- With the Kenyan presidential vote annulled, paid tribute to nature. Invoking the consumption for the year over- erated extinction events for both and services that natural ecosys- parency by informing stakeholders the election body must x processes quickly Buddha, he said, “The forest is a shoots the earth’s capacity to re- ora and fauna, and global warm- tems make possible. Undertaking about the potential future risk to peculiar organism of unlimited generate it, has advanced every ing. This stresses the need for a natural capital valuation can oer business and preparing proactive he Kenyan Supreme Court’s annulment of the kindness. It aords protection to year at an alarming rate. This year comprehensive evaluation system businesses a number of opportun- responses to these risks. presidential vote is a bitter-sweet victory for an all beings, oering shade even to it was observed on August 2. that takes these undesirable side- ities. Unlike the economic value of the axe-man who destroys it.” He As we approach the limits of nat- eects of economic activities into goods and services, the intangible ethnically divided country exasperated by the T went on to emphasise the import- ural capital stocks, we need to re- account. Risk mitigation nature of natural assets is mostly brutal violence that has marred successive polls. Fri- ance of reimagining the country’s think the cascading eects that this As the biggest contributor to the Natural capital risk is one of many invisible and hence remains unac- day’s decision is a challenge to the election commis- natural ecosystems as its ‘natural would have on the economy, the economy, business needs to con- risks that an organisation faces, counted for. While it may be di- sion, which needs to repair its tarnished reputation. It is capital’ and factoring in the eco- environment and society. Scient- sider evaluating its impacts and de- and a thorough natural capital as- cult to put a price tag on nature, also a challenge to the political parties, which need to nomic, social, cultural and spir- ists have identied nine earth sys- pendencies as it would have a dir- sessment can help integrate this unchecked exploitation of scarce nd a dignied way of settling election disputes. Presid- itual value of ecosystem services tem processes to have boundaries ect impact on capital assets and risk into risk management commit- natural resources and an inad- ent Uhuru Kenyatta’s opponent, Raila Odinga, a three- into the calculation of true eco- which mark the safe zones, beyond wealth. This translates to broaden- tee deliberations, legal and reputa- equate response to India’s unique nomic growth and development. which there is a risk of ‘irreversible ing valuation and risk manage- tional risk framework. Projects can climate challenges can be a very time contender, alleged that the integrity of the polls and abrupt environmental ment to include natural capital, as be reassessed on the basis of their costly mistake. Making natural was compromised during the cumbersome data trans- Vast economic contribution change’. it is currently not reected in mar- vulnerability to impacts and de- capital thinking the norm requires formation process, from ballot boxes to computers. Natural resources are a critical yet Four of these boundaries have ket prices. In addition to share- pendencies associated with the a strong policy push and the adop- The violence that followed the declaration of the results often ignored part of our country’s now been crossed — climate holder wealth, holistic develop- value chain. Companies can con- tion of valuation frameworks such exacerbated tribal divisions, and left at least 20 people national infrastructure. Boasting change, loss of biosphere integrity, ment calls for maximising returns sider environmental stress tests for as the Natural Capital Coalition’s dead. It was not of the order of the post-poll violence in 11% of the world’s oral and faunal land system change and altered from other key areas such as phys- issues such as natural disasters, air Natural Capital Protocol. Integrat- 2007, when more than 1,000 people were killed and for species, India is one of the 17 most biogeochemical cycles, such as ical capital, human capital, natural pollution, resource scarcity and ing natural capital assessment and ecologically diverse countries. phosphorus and nitrogen cycles. capital and social capital. climate. valuation into our economic sys- which several politicians faced trial at the International Blessed with every major ecosys- This means that human activity If valued properly, natural cap- Natural capital thinking can also tem is critical to usher in a truly Criminal Court for alleged crimes against humanity. tem, these biomes directly contrib- has already altered the balance of a ital has the potential to optimise re- create opportunities to innovate sustainable future for India. The 2013 campaign, held under a new constitution, was ute billions of dollars to the Indian few delicate equilibriums, the ef- sources and thus maximise the net and adopt newer, more ecient equally chaotic and controversial and the nal verdict economy, annually. The nancial fects of which are reected by benets of economic growth and technologies. One Californian fash- Rana Kapoor is MD and CEO, YES Bank was challenged by Mr. Odinga. Despite an overhaul of value of India’s forests, for ex- changing weather patterns, accel- development. There is often a ion company demonstrated this by and Chairman, YES Global Institute the poll mechanism, this year there was increased scep- ticism over the prospects for free and fair polls follow- LETTERS TO THE EDITOR Letters emailed to [email protected] must carry the full postal address and the full name or the name with initials. ing the murder of a top ocial from the electoral body. Given the absence of the institutional prerequisites of a The reshue ■ Reshuing cabinets have as they kept her hopes high expensive private coaching. NEET mode of admission again anywhere. If the NEET functioning modern democracy, there is the real A few changes in the all- turned out to be based on a ‘one-year Admissions to professional has deprived many aspiring is here to stay, then the danger of a steady erosion of popular legitimacy for any powerful PMO would have monotonous exercises exemption’. and in this instance medical candidates from the lower government has to come up form of representative government. But there is a posit- been far weightier than the thanks to the omnipresent A certain amount of colleges should be based on strata of society of a medical with the ways and means to cabinet reshue exercise. caste factor, State statesmanship by those in a more rational and seat. The introduction of ensure that most meet the ive dimension to Kenyan politics. Governments have Only a few among the representations and, of authority could have helped unbiased system. NEET has been on the anvil grade by providing study deferred to the principle of periodic renewal of the pop- common people are really course, coalition in nding a way out of this H.N. Ramakrishna, for many years. The material and coaching to ular mandate ever since the country returned to multi- bothered about which compulsions. All parties crisis by averaging State Bengaluru lethargic attitude of the those who cannot aord it. party democracy in the 1990s. This is in stark contrast portfolio is reallotted to have mastered the art of Board examination marks government in preparing Prasanth G. Narahari, to the practice in some African nations where incum- whom. With nothing much packing elders o to take up along with NEET marks. The ■ What’s happening now is students for the eventuality New York bents resort to constitutional at to stay in oce almost to showcase as a signicant gubernatorial posts and authorities have also that some political parties is to be blamed for the indenitely. recast, the appointment of a appointing lightweights to completely failed to prepare are trying to gain maximum present state of aairs and Being cautious political lightweight as the party positions. One had students for NEET. In this political mileage out of her fuelled by the Opposition The quiet diplomacy For all these reasons, the Kenyan court’s decision for new Defence Minister is now thought Mr. Modi would entire episode there has death. They are setting a bad exerting pressure to have an between India and China a repeat election appeals to common sense, despite its being trumpeted as have veered o the beaten been a total lack of a human precedent with their exemption from NEET to that ultimately ended in a characterisation by some as relatively peaceful. The re- “women’s empowerment”. path, but he has only face. thoughtless remarks against score brownie points. With de-escalation was based on run, to be held within 60 days, is of course bound to With ‘governance’ reduced disappointed us. Perhaps N.G.R. Prasad, NEET and the various all States deciding to go with a principle of stopping raise genuine doubts about the ecacy of the electoral to one-man show, even the the dearth of talent among Chennai governments. A State or the NEET, the Tamil Nadu “dierences becoming mechanism to undertake another mammoth and ex- induction of the new faces BJP MPs is one of the several country has to generate government found itself on a disputes”. We should not ■ pensive operation, with no guarantee of a clear result. hardly helps in achieving an reasons for his inability to It is unfortunate that an courageous students. Man, weak wicket. Whipping up chest-thump over the de- image makeover for the pick and choose the best aspiring young Dalit student they say, cannot control emotions would not be in escalation as China is no Mr. Odinga’s supporters are naturally enthused about government. It was an ones. ended her life as she could external circumstances, but the best interests of the doubt increasing its military another chance at the hustings; but there would be few out-and-out BJP revamp Ganapathi Bhat not secure a seat in medical he can change his attitude to student community who activities in and around the takers for any more outcries of foul play, whatever the with no representation even Akola, Maharashtra college as a result of NEET face them with aplomb. The should be counselled to face Indian Ocean and has made outcome. In an assertion of judicial independence, the to parties which have rankings. The vast majority media, political parties and the inevitability of NEET a number of transgressions court has taken a calculated gamble on the country’s recently aligned themselves NEET impact of students in our country, governments should leave with determination. into territory claimed by democratic future. Politics should commensurately with the BJP. It would be Medical college aspirant who are also from poor, no stone unturned in Attention has to be paid to India. Claims and counter- evolve to a level of accountability where the habit of ex- misplaced optimism if we Anitha’s death is an rural and semi-rural areas, creating students of a high improve the quality of claims cannot be ignored as tend to believe that the inconsolable loss (Some are used to a State syllabus- calibre and maturity. education. it is clear that China wants ploiting traditional loyalties gives way to respect for hu- reshued cabinet despite editions, “As anger boils based system. Admission to S. Ramakrishnasayee, V. Subramanian, Doklam-like cauldrons to man rights and observance of the rule of law. Kenya is in being “reinforced with 4 Ps” over, police battle protesters medical college on a CBSE- Ranipet, Tamil Nadu Chennai keep simmering. the midst of a prolonged drought, and many face the would take us on the path to across State”, September 3). based syllabus is not Ganti Sai Viswanath, risk of starvation. Kenyans need, above all, a stable gov- ‘acche din’. The Central and State practical in a multi-lingual ■ There has been ■ My heart goes out to the Hyderabad ernment committed to mitigating their suerings. G. David Milton, governments have to share a country such as India. Not widespread criticism by girl’s family. I hope a tragedy more letters online: Maruthancode, Kanyakumari substantial part of the blame all of them can aord Opposition parties that the like this never happens www.hindu.com/opinion/letters/

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THE HINDU NOIDA/DELHI MONDAY, SEPTEMBER 4, 2017 OPED 9 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE

And then there were nine FROM THE READERS’ EDITOR Constitutions are enlarged and strengthened when courts act as brakes against majoritarian authoritarianism Verication is a the tests applicable to whichever one or more of the fundamental rights is/ are affected by the interference. He pre-publication process also traces the right to privacy to an- cient Indian texts including the Gri- The ombudsman comes into the picture later hya Sutras, the Ramayana and the Arthashastra. site. And then something strange happened. Sanjay Hegde Tracing the right to privacy to the There was unbelievable traffic to the story, Preamble and the fundamental and it went viral in the U.S. A section that is In early 2014, Fali Nariman said to rights chapter of the Constitution, opposed to the ‘Black Lives Matter’ move- me in the corridors of the Supreme Justice A.M. Sapre holds that the ment began deploying the Irish slavery story Court, “A government with an abso- right to privacy is born with the hu- in a perverse manner. The core issue is not lute majority will see a conformist ju- man being and stays until death. He about the difficulties faced by Irish immig- diciary.” Shortly thereafter, India also holds that the unity and integ- A.S. Panneerselvan rants to the U.S.; it is about the meaning of elected a government with an abso- rity of the nation can only be en- the word ‘slavery’. Irish historians have for lute majority in Parliament. sured when the dignity of every cit- In “Why I write”, George Orwell contended years been explaining the difference Mr. Nariman prophesied based on izen is guaranteed through privacy. that whenever his writing lacked political between the plight of Irish immigrants and past experiences. During the Emer- Justice S.K. Kaul’s opinion makes a purpose, it became lifeless and was “be- that of African-Americans; the difference gency, the Supreme Court held in strong case for the horizontal applic- trayed into purple passages, sentences between indentured servitude and chattel ADM Jabalpur that the fundamental * GETTY IMAGES/ISTOCK PHOTO ation of fundamental rights. He ob- without meaning, decorative adjectives and slavery. Their explanation that King James II right to life could be taken away or serves that “digital footprints and ex- humbug generally”. My column’s purpose is did not issue a Royal proclamation in 1625 suspended. When asked by Justice At a time when civil liberties The nine-judge Bench has unan- tensive data can be analysed to elaborate on the core elements of journal- that led to Irish slavery because he was born H.R. Khanna if the right to life had seemed to be again imperilled, imously held that the right to privacy computationally to reveal patterns, ism. This column too would be betrayed into in 1633 was lost in the amplification of lies. been suspended during the Emer- people wondered whether the court is a fundamental right and clarified trends, and associations, especially purple passages and decorative adjectives if gency, the then Attorney General, would firmly stand on the side of the years of somewhat uncertain case relating to human behaviour and in- it strayed from this objective. My study of so- Niren De, had replied, “Even if life citizens who claimed that their fun- law on the subject. It has unequivoc- teractions and hence, is valuable in- cial media, the problems of algorithm edit- was taken away illegally, courts are damental right to privacy was being ally held that the doctrinal premise formation.” He expresses concern ing, and the role of technology companies helpless.” Four judges then suc- taken away by the Aadhaar database. of M.P. Sharma and Kharak Singh over the use of such data to “exercise was never about technology, but about how cumbed to government power and In response to the citizens’ chal- stand invalidated. Nearly half of the control over us like the ‘big brother’ information reaches the public domain. failed to protect the citizen; Justice lenge, the Supreme Court was told 547-page judgment has been written state exercised.” It is common knowledge that a Readers’ Khanna was the only dissenter. by the government that there existed by Justice D.Y. Chandrachud who has Justice Rohinton Nariman has re- Editor (RE) comes into the picture only at The shame of that surrender has no fundamental right to privacy. The recognised that “the right to privacy jected the Union’s argument that the the post-publication stage. Some have ar-

often been invoked against every government’s stand was based on is an element of human dignity”. Per- right to privacy is not a fundamental gued that the new initiatives taken by tech- GETTY IMAGES judge who has subsequently held of- M.P. Sharma (delivered by eight haps, even more crucially, Justice right in a developing country where nology companies to flag fake news stories fice. Justices Y.V. Chandrachud and judges in 1954) and Kharak Singh (de- Chandrachud (joined by all the oth- people do not have access to food, show that their role is similar to the role of What does this terminological distinction P.N. Bhagwati, who were part of that livered by six judges in 1962). Both ers on the Bench), has explicitly shelter and other resources. He the RE. This argument is flawed. Newspa- mean to a citizen? Talking to The New York Bench, apologised for that judgment these decisions had seemingly held overruled the ADM Jabalpur judg- holds that the right to privacy is pers have a fairly robust verification process Times, Leslie Harris, a professor of African- after demitting office. But, as Salman that there was no fundamental right ment to which his father was a party. available to the rich and the poor before publication. Each copy is scrutinised American history at Northwestern Univer- Rushdie wrote: “Shame is like to privacy in the Constitution. Later The judgment is also remarkable for alike: “Fundamental rights, on the by at least four pairs of eyes before it reaches sity, said: “An indenture implies two people everything else; live with it for long decisions of smaller Benches had, its stinging criticism of the court’s other hand, are contained in the readers. It is not impulsive rhetoric that is have entered into a contract with each other enough and it becomes part of the however, held and proceeded on the view in Suresh Koushal, which had Constitution so that there would be pushed into the public sphere, which is the but slavery is not a contract. It is often about furniture.” Judicial pusillanimity in basis that there did exist such a right. upheld the validity of Section 377 of rights that the citizens of this country case with posts on social media. being a prisoner of war or being bought or the face of an authoritarian govern- At least two generations of Indians the IPC. The challenge to Section 377 may enjoy despite the governments In fact, there is evidence that Facebook’s sold bodily as part of a trade. That is a crit- ment was not entirely unexpected. grew up assuming that a funda- is pending before a different Bench. that they may elect. The recognition flagging system, introduced last December ical distinction.” mental right to privacy existed. But of such right in the fundamental to address hoaxes and fake news, is having But the flagging did not help to bring out Pattern of retreat because of diverse judicial opinions, What the judges held rights chapter of the Constitution is the opposite effect. The platform’s press re- this nuance; it only reaffirmed existing silos The last three years have seen a the matter had to be considered by a Justice J. Chelameswar writes a won- only a recognition that such right ex- lease had said: “We’ve started a program to and echo chambers. A bunch of conspiracy rather conservative Supreme Court, Bench of at least nine judges. Assem- derful enunciation of the rationale ists notwithstanding the shifting work with third-party fact-checking organ- theorists pressed the alarm button saying which bears testimony to Mr. Narim- bling nine judges is not an easy task behind the Constitution, its Pre- sands of majority governments.” isations that are signatories of Poynter’s In- that this was a move to silence this story. an’s aphorism. The court chose to given the abnormal workload and ad- amble, and the fundamental rights In a mature democracy, conform- ternational Fact Checking Code of Prin- The NYT story titled “Debunking a Myth: render ineffective challenges to de- ministrative disruption it causes the chapter. He points out that provi- ist judiciaries are not always guaran- ciples… If the fact-checking organisations The Irish Were Not Slaves, Too” documents monetisation by referring the issue court. It took nearly two years for a sions purportedly conferring power teed to governments with a popular identify a story as fake, it will get flagged as how far-right groups lie by taking up specific to a Constitution Bench. When law- Bench to be constituted, by which on the state are, in fact, limitations majority. Constitutions are enlarged disputed and there will be a link to the cor- atrocities committed against black slaves and yers beat up former JNU Students’ time the administration tried to com- on the state’s power to infringe on and strengthened when courts act as responding article explaining why. Stories substituting the Irish for the actual victims. Union President Kanhaiya Kumar pulsorily impose Aadhaar on every the liberty of citizens. Crucially, after brakes against majoritarian authorit- that have been disputed may also appear One of the most quoted instances by these and journalists in the precincts of Pa- sphere of human activity. holding that the right to privacy is a arianism. The larger security of the lower in News Feed. It will still be possible to groups is the 1781 Zong massacre, which was tiala House, a mere stone’s throw The government took an extreme fundamental right, he states that the state lies in the protection of every share these stories, but you will see a warn- the killing of 130 African slaves. But In- away from the Supreme Court, the stand that no fundamental right to right to privacy includes, among individual’s freedoms. The judges of ing that the story has been disputed as you foWars, a pro-Trump website, claimed that court chose to swallow its wrath. The privacy existed and that the later other things, freedom from intrusion the Supreme Court, as sentinels on share… It’s important to us that the stories the victims were in fact Irish and inflated the court’s refusal to investigate the judgments were wrongly decided. It into one’s home, the right to choice the qui vive, have stood tall and re- you see on Facebook are authentic and death toll by adding a zero. Birla-Sahara diaries, or to allow was a submission of the sort charac- of food and dress of one’s choice, pelled yet another attack on citizens’ meaningful.” The Irish slavery story is a clear wake-up Harsh Mander’s plea to challenge terised by Lord Atkin in his 1948 dis- and the freedom to associate with liberties. Fali Nariman and Y.V. call to platform companies, which have now Amit Shah’s discharge in a criminal sent in Liversidge v. Anderson, as an the people one wants to. Chandrachud’s anxieties and re- The Irish slavery case become publishers, to have systems in place case, all fit into this pattern of re- argument that “might have been ad- Justice S.A. Bobde holds that pri- verses of the Emergency era may just A recent example shows how this objective that process information before it reaches treat. Possibly the sole exception was dressed acceptably to the Court of vacy is integral to the several funda- have been put to rest. has failed. Facebook’s fact-checking organ- the public sphere, and not indulge in cos- when the court struck down the Na- King’s Bench in the time of Charles mental rights recognised by the Con- isations, the Associated Press, and metic post-publication flagging. tional Judicial Appointments Com- I.” The government lost the argu- stitution. He holds that in case of Sanjay Hegde is a senior advocate of the Snopes.com flagged a story on Irish slaves mission Act. ment 9-0. infringement, the state must satisfy Supreme Court that appeared on a local Rhode Island web- [email protected]

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FIFTY YEARS AGO SEPTEMBER 4, 1967 Celebrate, but introspect Kashmiri Pandits call o agitation

Devendra Jhajharia’s Rajiv Gandhi Khel The 22-day-old agitation of Kashmiri Pandits, which claimed Ratna should make us proud. But will it three lives and injuries to several hundred, was suspended today [September 3] following an intervention by the Union change the way we treat para-athletes? Home Minister, Mr. Y.B. Chavan. Under an agreement reached between the Hindu Action Committee which led the agitation MARTAND JHA and the authorities after 24 hours of intensive negotiations, it was agreed to set up a committee soon to look into the com- For the rst time in India, a Para- plaints and grievances of the Pandit community. The Govern- lympian, Devendra Jhajharia, has re- ment has also agreed to release all the persons arrested and ceived the country’s highest sporting detained in competition with the agitation. In regard to the honour, the Rajiv Gandhi Khel Ratna. Pandits’ demand for a judicial inquiry into the alleged ex- Jhajharia, a Javelin thrower, shot to cesses committed by the police in detailing with the agitation, fame when he won his rst gold at the it was left to the Union Home Minister to choose the manner 2004 Athens Paralympics Games after and method in which these allegations were properly ex- AP which he improved his own record to amined. clinch another gold at the Rio Paralympics Games in 2016. This honour will surely give a boost to young para-athletes given that the Indian public as well as the government have A HUNDRED YEARS AGO SEPTEMBER 4, 1917 been ignorant of, or apathetic towards, the successes of our Paralympians even though these sportspersons won more Raja of Mahamadabad’s view. CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC medals in Rio than their Olympic counterparts. CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC This apathy was seen recently when a contingent of 46 hear- CONCEPTUAL SHELF HELP The Hon’ble Raja of Mahamadabad who is now at Simla inter- ing-impaired athletes returned to India after winning ve viewed by a press correspondent on the present political situ- medals, including a gold, at the Deaympics held in Turkey. Lost decade ation in India said: We thank the Prime Minister for appointing The athletes were in the news not because of their achieve- Economics Diana, 20 years later Mr. Montagu as Secretary of State for India. We know that he is ment but because they refused to leave the airport seeing that a friend of the people of India and he knows India from the in- there were no sports ocials or ministers to felicitate or even This refers to the last dec- A recap of old and new books about the Princess of Wales side. We welcome his pronouncement in the House of Com- welcome them. After six long hours, a project ocer with the ade of the 20th century mons as this is the first time in the history of British India that Sports Authority of India nally went to meet them reportedly. when the Japanese eco- Suhasini Haidar 1987-1996, has been ac- read account of her royal it has been definitely laid down that the British policy is to This is not surprising as Paralympics are not taken seriously nomy witnessed economic cused of ‘betrayal’ by the life. Diana: Her True Story raise India to the status of a self-governing partner of the Em- in India as they are in other countries. As a result, media cover- stagnation after the bust of August 31 marked 20 years royal family. But his book first hit the stands in 1993 pire at an earlier date. I appreciate fully the importance of Mr. age of events and achievements is either limited or completely its housing bubble. Some since that moment past just added to a long list of and shattered the notion Montagu’s decision to come to India and examine Indian prob- absent. Last year, for instance, the Rio Summer Paralympics even include the next dec- midnight when Princess books that have been writ- that the royal marriage lems on the spot. weren’t even broadcast on Indian television. A golden oppor- ade of low growth to claim Diana was killed in a car ten by those who were that had captured the that Japan lost two dec- tunity was foregone to popularise these sports and familiarise crash in Paris, and yet the close to Diana because of world just a decade before CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC the public with the names of para-athletes. How many even ades of potential economic interest in her life, the their work, including the could be restored. It was know of Devendra Jhajharia or Mariyappan Thangavelu? growth due to the lack of questions about her bodyguard who survived followed by another book DATA POINT appropriate spending by death, and the narratives the car crash that killed that removed all doubt Struggles before and after the event the government. Critics surrounding her marriage the Princess of Wales and that Diana lived in a While non-disabled sportspersons in cricket, and now per- have argued that the size persist. There can be no Dodi al-Fayed in Paris, “crowded marriage”: haps tennis and badminton, search for good infrastructure of Japan's GDP does not better evidence of that Trevor Rees-Jones, who Jonathan Dimbleby’s bio- and sponsors, sportspersons with disabilities nd these project a complete picture than the books that con- recounted the last days in graphy, Prince of Wales. struggles more dicult. Take the case of Kanchanmala Pande. of its economy as its total tinue to be published on The Bodyguard’s Story: Di- Both books are seeing a The blind athlete was forced to beg in Berlin to take part in the population has continued some aspect or the other ana, the Crash and the Sole new lease of life this year, Para-Swimming Championships as the money sanctioned to to shrink over the years. In of Diana’s life and death. Survivor. Another Kens- as are biographies of Cam- the athletes there by the government failed to reach them. terms of per capita GDP, They most predictably be- ington Palace staffer who illa Parker Bowles, includ- Pande went on to win a silver and qualied for the World for instance, Japan in the gin in a manner that was accused of betrayal ing the superb, yet over- Championship. last few decades has man- American journalist Chris- was butler Paul Burrell, sympathetic, The Duchess: The woes don’t end there. Para-athletes, even after winning aged to grow at about the topher Anderson does in who published In the The Untold Story by Penny medals, nd it dicult to sustain themselves. It is not enough same pace as the United his recent book, The Day Royal Manner in 1999, A Junor and Queen Camilla, for the government to confer awards; it needs to go a step fur- States although its overall Diana Died: “Where were Royal Duty in 2003, and Duchess of Cornwall by Ar- ther and ensure that these sportspersons have job security in GDP has not reflected as you when Diana died?” The Way We Were in 2006. thur Miller. return for the pride and honour that they bring to the nation. much growth. This summer has seen However, regardless of Clearly, even today, des- Of course, this attitude is not just towards para-athletes; it is at least six new biograph- the sense that those who pite the fact that Diana CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC a reection of how society treats persons with disabilities. CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC ies hitting bookstores, in- were in Diana’s proximity would have been a grand- While this is a moment to celebrate, it is also a moment to in- MORE ON cluding her bodyguard were most guilty of expos- mother twice over, and trospect. Conferring a medal should not make us glaze over Ken Wharfe’s Guarding Di- ing her life, it is the book the newest generation of the larger problem. Unless we learn to treat para-athletes on THE WEB 3 ana: Protecting the Prin- that Diana herself created, royals is every bit as glam- par with sportspersons without disabilities, our jubilance cess Around the World. Her through interviews, and orous as she was, it is evid- must be restrained. Full list of Union Cabinet private secretary P.D. answers conveyed by tape ent that it is the past that and Council of Ministers Jephson, who published to journalist Andrew Mor- still draws the most in- Martand Jha is a Junior Research Fellow at the School of International Shadows of a Princess: Di- ton, that remains the most terest in the lives of the Studies, JNU, New Delhi http://bit.ly/CabinetMinistersList ana, Princess of Wales revealing, intimate, and British royalty today.

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