Gist of EPW July Week 5, 2022

The Economic and Political Weekly (EPW) is an important source of study material for IAS, especially for the current affairs segment. In this section, we give you the gist of the EPW magazine every week. The important topics covered in the weekly are analyzed and explained in a simple language, all from a UPSC perspective.

TABLE OF CONTENTS

1. An Assessment of the JPC Report on PDP Bill, 2019
2. Analysing India’s Interests in the QUAD
3. An Empirical Study of the Socio-economic Status of Baiga Tribe of Central India
4. Gender Norms, Domestic Violence, and the Southern Indian Puzzle

1. An Assessment of the JPC Report on PDP Bill, 2019

Context: This article discusses changes to the Personal Data Protection Bill, 2019 proposed by a Joint Parliamentary Committee through the Data Protection Bill, 2021.

Personal Data Protection Bill, 2019

• The Personal Data Protection Bill (PDP Bill) was introduced in the Lok Sabha in December 2019 by the Ministry of Electronics and Information Technology (Meity).
• The Bill was said to be comprehensive data protection legislation.
• The key objective of the PDP Bill was to safeguard the right to privacy associated with the personal data of individuals.
• The Bill also aims to create a relationship of trust between the data principal (the person to whom personal data belongs) and the data fiduciary (the entity deciding the means and purpose of processing personal data).
• The Bill proposed setting up a Data Protection Authority for the enforcement of the law.
• Obligations on data fiduciary: Personal data can be processed only for a specific, clear and lawful purpose. Additionally, all data fiduciaries must undertake certain transparency and accountability measures such as:
  • Implementing security safeguards such as data encryption. 
  • Setting up Grievance Redressal Mechanisms to address complaints of individuals. 
  • Developing various mechanisms for age verification and parental consent when processing sensitive personal data of children.
• The rights of the data principals include:
  • Seek correction of inaccurate, incomplete, or out-of-date personal data.
  • Right to erasure, access, and data portability. 
  • Restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn.
• Further, the Bill provided an exemption clause that facilitated the central government to exempt any agency from the application of the law. 
  • In the interest of the security of the state, public order, sovereignty and integrity of India and friendly relations with foreign countries.
  • For preventing incitement to the commission of cognisable offences.

Get more detailed information about – Personal Data Protection Bill, 2019

Data Protection Bill, 2021

• The PDP Bill, 2019 was referred to a Joint Parliamentary Committee.
• The Joint Parliamentary Committee after carrying out a series of consultations with the concerned stakeholders published its report on the PDP Bill, 2019 along with the finalised Data Protection Bill, 2021 in December 2021.

Assessment of significant changes and clauses introduced in the Data Protection Bill, 2021

• Changes in the Scope: The title of the new bill is “Data Protection Bill” rather than the earlier “Personal Data Protection”. This indicates that even non-personal data will be included in the scope of the Data Protection Bill, 2021.
  • However, experts feel that the efforts to regulate both personal and non-personal data under a single law can create ambiguity because of their fundamental differences and there is a need for separate laws.
• Digital Privacy: Data Protection Bill, 2021 aims to safeguard “digital privacy” instead of “privacy” as suggested by PDP Bill, 2019. 
  • This gives rise to a situation where non-digital data would be exempted from the scope of the legislation which results in a lack of data protection for non-digital data.
• Consent: The PDP Bill, 2019 had a clause for making the requirement of consent necessary for processing personal data. 
  • The DP Bill, 2021 has added a sub-clause that suggests that the provision of goods or services shall not be denied based on the exercise of choice.
  • This clause is associated with free consent and strengthens the position of the data principal.
• Children’s Data: The PDP Bill, 2019 recognised data fiduciaries as “guardian data fiduciaries” if they process large amounts of data associated with children.
  • According to the DP Bill, 2021, data fiduciaries are mandated to verify children’s age and obtain consent from their parents before processing any personal data and are prohibited from all profiling, tracking, behavioural monitoring, or targeted advertising directed at children.
  • While this clause enhances the protection of the privacy of the children it is practically difficult to implement the clause.
• Right to be Forgotten: The PDP Bill, 2019 introduced the right to be forgotten as a right requiring the restriction of continuing disclosure of personal data. 
  • The DP Bill, 2021 has added the term “processing” to the clause.
  • This extends the right to be forgotten to not just restrict the disclosure of data from the public domain but also the data processing.
• Automated Decision-making: The DP Bill, 2021 has proposed a condition that mandates data fiduciaries to disclose information about the fairness of the algorithm or method used for processing personal data which ensures more transparency.
• Exemption Clause: The PDP Bill had empowered the Union Government to exempt any government agency from the purview of data regulation subject to such procedure, safeguards and oversight mechanism as may be prescribed by the Union government.
  • The DP Bill, 2021 further says that the “such procedure” must be just, fair, reasonable and proportionate.
• Data Breach: DP Bill, 2021 has proposed to make it mandatory for the data fiduciaries to inform the Data Protection Authority whenever there is a breach of personal data.  
  • As per the PDP Bill 2019, data fiduciaries were to inform about a data breach only if the breach was likely to cause harm to data principals.
• Voluntary Verification: DP Bill, 2021 requires social media platforms to voluntarily verify user accounts and provide a visible mark of verification, which is visible to all users.
  • Further, the new bill uses the term “social media platform” rather than “social media intermediary” used by PDP Bill 2019.
• Transfer of Data outside India: The Joint Parliamentary Committee report has supported data localisation in India.
  • PDP Bill, 2019 had a provision that sensitive personal data should be stored in India.
  • DP Bill, 2021 says that such sensitive personal data must not only be stored in India but also be processed in India.
• Data Protection Authority: According to the PDP Bill, 2019, the selection committee of the Data Protection Authority would be chaired by the Cabinet Secretary and other members would include various Secretaries to the Union Government.
  • DP Bill, 2021 has expanded the selection committee to include the Attorney General of India, a Director of any of the Indian Institutes of Technology (IIT), a Director from any of the Indian Institutes of Management (IIM) and an expert nominated by the Union Government.

Way forward

• The broad exemptions mentioned in the proposed draft bill must be subjected to the test of necessity and proportionality. 
• There have to be provisions included in the proposed legislation to ensure the independence and accountability of the Data Protection Authority.
• The enforcement of the provisions and the corresponding penalties for offences must be in line with the current global standard.

2. Analysing India’s Interests in the QUAD

Context: This article talks about QUAD and the latest developments associated with the grouping.

QUAD 

Image Source: www.moneycontrol.com

• The Quad is an informal multilateral grouping of India, the U.S., Australia, and Japan aimed at cooperation for a free and open Indo-Pacific region.
• This grouping had earlier worked in the relief and rescue operations during the 2004 tsunami in the Indian Ocean and has now taken the shape of a security dialogue in the Indo-Pacific.
• The then Japanese Prime Minister Shinzo Abe had promoted the idea of an “arc of prosperity and freedom” that brought the Quad countries closer together in cooperation and collaboration.
• It was in March 2021 that the leaders met virtually for the first time as an official Quad summit, releasing a set of objectives for the grouping called the “The Spirit of the Quad”, outlining actionable goals, and they also formed expert working groups in multiple areas.
• The members believe that the QUAD is a grouping meant to deepen diplomatic and economic ties between its members.
• All the member countries of the QUAD are democracies which is reflected in its objective to ensure a free, inclusive, and open Indo-Pacific.
• Although not explicitly mentioned, a major interest for the grouping is to check China’s growing influence in the Indo-Pacific region. 
  • This is seen to be evident with the emphasis being laid on issues such as rule of law, territorial integrity, freedom of navigation, peaceful resolution of disputes, and democratic values. 

Learn more about – QUAD

China’s criticism

• China has criticised the QUAD as a “tool for containing and besieging China to maintain US hegemony”.
• Despite QUAD not imposing any defence obligations or pact on its members, China has accused the U.S. of trying to form an “Asian NATO”.
• China has also accused QUAD of encouraging a “Cold War mentality”.

Important QUAD Summits

First Quad Leaders’ Virtual Summit

• The first Virtual Summit of Quad Leaders was held in March 2021.
• The main attention or focus of the summit was centred around the pandemic, vaccine logistics along with climate change and cyber security.
• Other important aspects discussed include resilient supply chains, emerging and critical technologies,  and maritime security
• The QUAD vaccine partnership was announced which aimed to ensure equitable vaccine distribution worldwide.
  • This partnership facilitates the collaboration of the U.S.’s technological advancements, India’s manufacturing capabilities, Japanese finance, and Australian logistics capacity 
  • The grouping announced the donation of 1 billion doses of vaccine worldwide, countering China’s vaccine diplomacy. 
• The members also discussed developing green shipping networks and strengthening clean hydrogen partnerships.

First in-person QUAD Leaders’ Summit

• The first in-person Quad Leaders’ Summit was held in September 2021 in Washington D.C., USA.
• The leaders discussed the situation in Afghanistan and the regional situation in South Asia and the Indo-Pacific.
• The leaders agreed to deepen their cooperation in countering terrorism, building a resilient supply chain, investments and infrastructure development, technological development, cyber security, and education.
• To facilitate and strengthen people-to-people contact, the Leaders announced a QUAD Fellowship program for students to pursue Masters and Doctoral degrees in STEM (Science, Technology, Engineering, and Mathematics) fields in the U.S.
• A Quad Infrastructure Coordination Group was set up in order to assess the regional infrastructure requirements and extend technical assistance and capacity-building measures.
  • Quad Infrastructure Coordination Group also deepened collaboration and pursued complementary actions, including in digital connectivity, transportation infrastructure, clean energy and climate resilience.
• The four members of the grouping also participated in the Malabar naval exercises and 2+2 defence dialogues to further deepen their ties.

QUAD Summit in Tokyo

• The second in-person summit of the Quad took place in Tokyo in May 2022.
• The Quad leaders engaged in bilateral meetings to create a cooperative and constructive agenda for maritime security and prosperity. 
• In the backdrop of the Russia-Ukraine conflict, the Quad Summit opened an avenue for an extensive engagement between the member countries to formulate a multidimensional policy to address the upcoming security challenges. 
• The maritime initiative called the Indo-Pacific Partnership for Maritime Domain Awareness was announced.
  • This initiative offers maritime surveillance to uphold a free and open Indo-Pacific and equips the countries to respond to humanitarian assistance and disasters.
• Quad leaders opened the applications for the Quad Fellowship programme.
• The Indo-Pacific Economic Framework (IPEF) was also launched at the Tokyo summit.
  • The key aim of IPEF is to deepen economic and trade engagements in the region and achieve the QUAD objective of building a resilient supply-chain network.
  • The four pillars of IPEF are: trade, supply chain resiliency, clean energy and decarbonisation, and taxes and anti-corruption measures.
  • IPEF is regarded as an alternative to China’s regional economic dominance.

India’s interests in the QUAD

• Each of the QUAD members has its own interests in the grouping apart from addressing common issues such as freedom of navigation and rules-based international order.
• The main interest of India, Japan, and Australia is to counter Chinese aggression in the Indo-Pacific region.
• However, India is the only country in the grouping that shares land borders and has an ongoing military standoff with China. 
  • In this regard, India’s membership in the grouping is more significant as compared to others.
• QUAD acts as an important platform for India to gain permanent membership in the United Nations Security Council
• Further, QUAD is significant to India in terms of emerging as a major blue economy, upgrading its defence technology, and becoming a substantial power in the post-pandemic global order.

Way forward for India

• Considering India’s strong strategic ties with Russia and trade ties with China, it is important for India to balance its engagement with QUAD on the one side and multilateral groupings such as Shanghai Cooperation Organisation (SCO) and BRICS on the other which have Russia and China as members.
• It is also important for India to ensure that the focus of the QUAD is more on the global, regional, and maritime challenges in the Indo-Pacific rather than being an anti-China coalition.
• Earlier, India made sure that the joint statement from the Tokyo summit accommodated a neutral stance on the ongoing Russia–Ukraine conflict and such a ‘walk a tightrope’ approach is to be followed even in the coming days.

3. An Empirical Study of the Socio-economic Status of Baiga Tribe of Central India

Context: This article analyses various aspects of the socio-economic life of the Baiga tribe of Central India and other Particularly Vulnerable Tribal Groups (PVTGs) in India.

Tribes in India

• As per the Oxford dictionary, a Tribe is “a group of people in a primitive stage of development acknowledging the aut­hority of a chief and usually regarding themselves as having a common ancestor.” 
• India has the second-largest concentration of tribal population in the world after Africa.
• As per the 2011 Census, tribes account for about 8.3% (nearly ten and a half crore) of the country’s overall population.
  • This constitutes nearly 25% of the total tribal population globally.
• The largest number of tribes in India is recorded in Madhya Pradesh.
• The Scheduled Tribes (ST) constitute about 11.3% of the rural population and 2.8% of the urban population in India.

Particularly Vulnerable Tribal Group (PVTG)

• During the Fourth Five Year Plan,  a sub-category was created within the ST category to identify the most vulnerable groups which were considered to be at the lowest levels of development.
• The category of a primitive tribal group (PTG) was created to incl­ude those groups that were considered the poorest of the poor. 
• It was later renamed the particularly vulnerable tribal groups (PVTGs).
• The criteria used for categorising PVTG include:
  • Forest-based livelihoods
  • Pre-agriculture level of existence
  • Stagnant or declining population
  • Extremely low literacy
  • Subsistence economy
• According to the 2011 Census, 75 PVTGs have been identified in India.
  • Among the 75 listed PVTGs the highest number are found in Odisha with 13, followed by Andhra Pradesh with 12; Bihar and Jharkhand with 9; Madhya Pradesh and Chhattisgarh with 7; Tamil Nadu with 6; Kerala and Gujarat with 5.
  • Further, all the four tribal groups in Andamans, and one in the Nicobar Islands, are recognised as PVTGs.

Read more about – Particularly Vulnerable Tribal Group (PVTG)

Study of the Socio-economic Status of Baiga Tribe

• Baiga tribe is a PVTG of central India and these individuals are spread across Chhattisgarh, Jharkhand, Bihar, Odisha, West Bengal, Madhya Pradesh and Uttar Pradesh.
• Socio-economic condition is said to be the overall measure of an individual’s ­social and economic work along with the individual’s econo­mic and social position based on income, education, and occupation in relation to others.
• The socio-economic status of the Baiga Tribe has been studied extensively by anthropologists such as Verrier Elwin, Madhav Gadgil and Ramchandra Guha.

Objectives of the socio-economic study on tribes

• To understand their social struc­tures, rituals, problems, health and nutritional issues and analyse the changes that are taking place. 
• To understand the changing livelihood patterns, business behaviour, banking behaviour, farm and non-farm production and marketing and their involvement in the government initiatives such as MGNREGA.
• To study the impact of various government initiatives on lives, livelihoods and overall welfare of the tribal communities. 
• To study the influence and the role of various non-governmental organisations (NGOs) on the welfare of tribal communities.

Various methodologies used in the study of tribes

• Initially building a good rapport with the individuals of the community is the most crucial part of tribal studies.
• Collecting the information through both participatory and non-participatory observation methods.
• Interviewing tribal individuals
• Focus group discussions
• Random sampling
• Analysis and testing of data from secondary sources

Key findings of such tribal studies on the Baiga tribe

• Insecurity of livelihood was seen among 46% of the respondents.
• Agriculture was said to be the key source of income for over 68% of the res­pondents with eno­ugh land. 
• The average annual income of the respondents of the community was found to be 25,400 per year.
• 29% of res­pon­dents were daily wage labourers in agriculture, employees or working on contractual employment since they have no agri­cultural land. 
• Hun­ting and fishing are the third most popular livelihood sources.
• Gathering the forest produce and animal grazing are other important sources of income.
• A high level of education was seen among children and this can be attributed to the initiatives such as Sarva Shiksha Abhiyan and the mid-day meals programme.
• The impact of globalisation was evident in the lives of tribal communities. 
• 70% of the respondents claimed that there is no gender discrimination among the children in the community.
• It is found that the individuals of the tribal community have witnessed a positive change with healthcare interventions like Janani Suraksha Yojana (JSY).
• A significant percentage of the population of the community still prefers indigenous me­dicines.
• Wells and hand pumps continue to be the key sources of drinking water. 
• Over 70% of the respondents were aware of various population control measures.
• The significant impact of the National Rural Health Mission is also clearly seen in these far-flung areas.
• A majority of the individuals in the community are unaware of important legislations such as the National Food Sec­urity Act, Forest Rights Act and the Right to Information Act.
• Connectivity and transport facilities are seen to be very poor in tribal vill­ages.

Recommendations

• There is a need to improve sanitation facilities in these tribal areas.
• Despite various provisions for extending subsidised housing loans, the housing facilities in these areas are inadequate.
• There is a need for more doctors and other healthcare staff in the healthcare establishments in these tribal areas.
• Strengthening the credit facilities to enhance agricultural productivity and farm income.
• Despite several development initiatives, the economic status of these tribal households is still poor and this requires collaborative efforts from the government with various NGOs, Self Help Groups and the tribal community leaders.

4. Gender Norms, Domestic Violence, and the Southern Indian Puzzle

Introduction:

• The World Economic Forum released the Global Gender Gap report 2021 which ranked India at 140 out of the total 156 countries. 
• The report monitors the country on four indicators: health and survival, educational attainment, economic participation and opportunity, and political empowerment. 
• In the health and survival parameter, India ranked 155. It is second from the bottom. The health and survival parameter gives significant weightage to the sex ratios. 
• It is observed that the reducing sex ratio is not just an issue in North India but is also a cause of concern in the southern states of India. The sex ratio also continues to be skewed.
• The sex ratios at birth are a reflection of the entrenched patriarchy as they suggest extreme son preference and female foeticide. For almost a quarter of a century, more girls under the age of five died than boys in India. This is specifically due to neglect and inequitable resource allocation in the household. 

Domestic Violence:

• Domestic violence can be defined as the most oppressive form of gender-based violence. 
• According to UN Women 2022, one out of every three women has reported of being abused at some point in life either by a former or a current partner. 
• Domestic violence is a violation of the human rights of women. It can have serious implications on the mental, physical, sexual, and reproductive health of women. In addition, it can also hamper their capabilities for employment and other opportunities in life. 
• The violence against women either by their partners or their in-laws is the case in point of patriarchal dominance over women. The National Family Health Survey 5(NFHS-5) also highlights the discouraging attitudes vis-a-vis gender roles and domestic violence.
• Community norms is a major factor that legitimizes or delegitimizes domestic violence. For example in informal urban settlements, community norms are against domestic violence and in support of women whereas in some places and instances community norms legitimize violence against women as a form of punishment or discipline.
• It is also observed that in many cases women themselves justify domestic violence.
• The number of women reporting domestic violence has diminished year after year as evident by – 37.2% in NFHS 3, 31.1% in NFHS-4, and 29.3% in NFHS-5. 

For more on Violence against women, read here: RSTV – Big Picture Discussion on the continuing Violence Against Women

Case Study on Southern India:

• There are fewer patriarchal practices in southern India as against northern India. The factors behind it are:
  • High literacy level.
  • The prevalence of cross-cousin marriages.
  • Absence of the purdah system.
  • Affirmative actions by the states empower women by providing them with education, livelihood opportunities, and better political participation. 
• However, it was observed from the NFHS data that violence against women has significantly risen in this region as well.
• It was also found that there is significant heterogeneity among the southern states. For instance, Tamil Nadu and Kerala are far from being identical in various indicators. Moreover, Karnataka is an outlier in southern India, with indicators suggesting extremely high levels of misogyny.
• More than half the population in all five states – Andhra Pradesh (AP), Karnataka (KA),  Kerala (KL), Tamil Nadu (TN), and Telangana (TL), justify violence. Almost 80% of the population in TL, AP, and KA accepted it. 

FINDINGS OF THE REPORT RELATED TO SOUTHERN INDIA:

• More women than men justify domestic violence in all five states, a similar pattern was also analyzed in NFHS-3.
• Neglecting the house or children and disrespecting in-laws are the most cited reasons to justify wife-beating, highlighting that these are the norms whose violations are most likely to invite physical violence.
• It is expected that ones with higher levels of education, would be less likely to justify domestic violence. However, worryingly Telangana and AP, most women (approximately 80%) who have completed 12 years of schooling accepted domestic violence.
• Less number of urban respondents justify domestic violence in comparison to rural counterparts. However, a counterintuitive pattern was observed where more urban women and men from Karnataka(KA) and urban men from Kerala(KL) justify domestic violence in contrast to their rural counterparts.
• In terms of age, it was found that the youngest women cohort (that is in the age-group 15 to 19) justifies wife-beating the least.
• In regards to the three large religious groups – Hindus, Muslims, and Christians, a smaller proportion of Muslim respondents justified domestic violence in contrast to other religious groups. However, an exception was observed in the state of Tamil Nadu.
• As per the NFHS-5, Approximately 9.9% of women from Kerala reported violence whereas the proportion in Karnataka was 44.4%, the highest in southern India and more than the National average.
• Reasons for justifying domestic violence:
  • Transgressing certain cultural norms.
  • Refusal of intercourse.
  • For men in KA and AP, violence is most justified if the wife disrespects the in-laws.
  • Neglect of children and household responsibilities.
  • A small proportion of domestic violence is also related to improper cooking.

Source: Economic and Political weekly

Conclusion:

• It is observed that in comparison to NFHS-3, justification for domestic violence in most southern Indian states has increased or remained the same in NFHS-5. This was even after a considerable increase in prosperity, female literacy level, and better human development parameters in the region.
• Eventhough, the reasons for this against the backdrop of improved indicators are unclear, it is clearly evident that macroeconomic changes do not necessarily lead to changes in gender norms. 
• The strongly held regressive norms are most resistant to change. Moreover, this holds even in regions that have been held up as an example for the rest of India.
• The need of the hour is urgent intervention by the state as well as spreading awareness against regressive norms of the society.

Read previous EPW articles in the link.

Gist of EPW July Week 5, 2022:- Download PDF Here