Copyright and trademark infringement do happen on the Internet, yet the Copyright Act, 1957, or Trade Mark Act, 1999 which explicitly manages infringements, is quiet on the issue. In this way we have no implementation apparatus to guarantee the protection of domain names on the Internet. Transmission of e-money and exchanges online are not given protection under the Negotiable Instrument Act, 1881. Online security isn’t ensured; Section 43 (penalty for damage to computer or computer systems) and Section 72 (Breach of confidentiality or privacy) discuss it in some degree, yet don’t address the ruin caused by online infringements.
With the advent of newer technology and advancement in the mode of communications, the internet has become an essential part of our lives. The benefits of cyber technology are immense and many facets of modern life are completely dependent upon it; however, at the same time, in the wrong hands it can be more dangerous than a nuclear weapon. Crimes are no longer confined only to the physical space but have also entered the digital, as cybercrime. Cybercrime or computer-oriented crime, is one that involves a computer and a network. All the rapid advancements of internet and related crimes were needed to be regulated and therefore accordingly a new branch of jurisprudence emerged to tackle the problems of cybercrimes in cyber space i.e. Cyber Law or Cyber Space Law or Information Technology Law or the Internet Law.
The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Commerce in 1996 and for the first time extended its efforts towards bringing uniformity in the laws of different countries. The General Assembly of the United Nations by Resolution No. 51/162 dated 30th January 1997 recommended that all States should give favourable consideration to this Model Law when they enact or revise their laws. The Model Law provides for equal legal treatment of users of electronic communication and paper based communication. The Information Technology Act, 2000 [hereinafter referred to as, “IT Act”] is also in consonance with the Model Law.
The IT Act, 2000 was passed by parliament on 15th May 2000, approved by the then President, on 9th June 2000 and enforced on 17 October 2000. It amended the following four Acts in the Indian legislation with its introduction: The Indian Penal Code, 1860; The Indian Evidence Act, 1872; The Bankers’ Book Evidence Act, 1891; and The Reserve Bank of India Act, 1934.
It is not only applicable to offences within India but also to offences and contraventions outside India (section 1(2)) and section 75 of the IT Act). Later on, the IT (Amendment) Bill, 2006 was introduced and passed in the Lok Sabha and amended the IT Act, 2000 by the Information Technology (Amendment) Act, 2008.
What were the objectives?
The then Minister of Parliamentary Affairs and Minister of Information Technology, Shri Pramod Mahajan, during the discussion on the Information Technology Bill, 1999 talked about the absence of a suitable law in India to deal with tampering of computer source documents, publishing information which is obscene in nature and issues relating to damage to computers and computer networks through a system of appropriate penalties and punishment. In furtherance of the same and making the law in tune with the Model law on e-commerce adopted by the UNCITRAL, the IT Act, 2000 came to life.
It is the enactment of the IT Act that provided legal recognition to transactions carried out by the means of electronic communication and has not only facilitated the electronic filing of documents and/or applications with the government but has also assisted and encouraged the use and acceptance of electronic records and digital signatures in government offices, making interactions between the government and civilians smooth and quick.
The government set up an expert committee to review the IT Act in January 2005. The committee comprised of representatives from the government, IT industry, legal experts etc. It found substantial lacunae in the existing Act and submitted its report in August 2005. It was noted that a lot of changes were required to the existing IT Act, 2000 because of the developments internationally and nationally especially in the area of the data protection and privacy. They observed that the field of cyber laws is a nascent area and experience of its formulation and implementation is still evolving worldwide and more so in India.
After due consideration and deliberation, the committee recommended that the IT Act should be technology neutral. It revisited the provisions related to data protection and privacy and proposed stringent provisions for handling sensitive personal data. The committee addressed the issue of liability of intermediaries and suggested amendments using the European Union Directive on E-Commerce as the guiding principle. It suggested severe punishments to prevent child pornography and also made recommendations on computer related crime and electronic evidence.
Later, the Information Technology (Amendment) Bill 2006 was introduced in Lok Sabha on 15th December in the year 2006. It was then referred to the standing committee on 19thDecember 2006. Further a report was submitted by the standing committee on 7th September 2007. The amendment Act was passed in the Lok Sabha on 22nd December 2008 and consequently in the Rajya Sabha on 23rd December 2008. The final assent was given by the President on 5th February 2009.
Highlights of the Information Technology (Amendment) Bill, 2018
Section 67BA is inserted by the Bill stating that whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is repugnant to well established cultural ethos, that person shall be punished on first conviction with imprisonment of either description for a term which may extend to six months and with fine which may extend to two lakhs INR.
Also, with respect to online gaming specifically, sections 67BB and 79B are inserted. Section 67BB states that whoever hosts any online game, which induces the users to commit any dangerous act which is harmful or any act that may cause injury or an illegal act, shall be punished with a maximum punishment of one year and fine which may extend to two lakhs and in the event of second or subsequent conviction, with imprisonment of either description for a term which may extend to three years and also with fine which may extend to five lakh rupees. Games such as the ‘Blue Whale Challenge’ have been said to inflict injury on a number of individuals, also in some cases, resulting in suicidal acts. This game in particular has gained a huge fan base in India among children leaving to a number of deaths and cases of depression amongst children.
Section 79B states whoever hosts an online gaming resource or produces any storage media containing a gaming resource to be sold offline, shall ensure that the game resource is categorised for use by appropriate age group on the basis of game contents; and there is a suitable mechanism within the game resource to warn the users against repeating the dangerous acts, if any, shown in the game in their real lives.
The IT Act has been quite useful in setting up the guidelines to settle the disputes pertaining to the internet/digital domain but specialists have also opined that the Act is a toothless legislation and has not been totally compelling in issuing punishments to the culprits. There are surely territories of digital laws which needs consideration. Some of the areas which could be worked upon includes:
Spam might be characterized as unsolicited bulk e-mail. At first, it was seen as a negligible irritation however at this point it is presenting major economic issues. Without sufficient specialized technical protection, stringent legislation is required to manage the issue of spam. The Information Technology Act does not talk about the issue of spamming. The USA and the European Union have authorized anti-spam legislation. Australia has exceptionally stringent spam laws (Spam Act, 2003) under which spammers might be fined 440 dollars per contravention for an individual with a maximum penalty of 22,000 dollars for a single day. Phishing
Phishing is the procedure of endeavouring to secure sensitive data, for example, usernames, passwords, and credit card details, by taking on the appearance of a dependable element in electronic correspondence. Phishing is ordinarily done by email and frequently guides clients to enter individual and financial details at a site.
There is no law against phishing under the Information Technology Act. Though the Indian Penal Code discusses duping, it isn’t adequate to check phishing. Recently, a phishing assault was seen on the clients of State Bank of India wherein a clone of the SBI site was utilized. What is more regrettable is that even SBI has not alerted its clients. So there is need of an enactment that prevents phishing in India.
Information Protection in Internet Banking
Users are assured by banks that their information will be kept confidential, however, the web banking system includes banks and their clients; but may also involve various outsiders as well. It is outdated for banks to hold data inside their very own computer systems. India currently has no laws on information insurance and therefore the risks associated with altering of personal information is pretty high.
The Information Technology Act discusses access; however, it does not discuss keeping up the integrity of client exchanges. The legislation does not set out any obligation upon banks to secure the details of clients and customers. U.K had an Information Protection Law enacted in 1998 which is repealed by the enactment of the General Data Protection Regulation (GDPR) under which banks or any individual holding sensitive data might be held liable for damages in the event of it neglecting to keep up satisfactory security protection in regard of information. In India, a bank’s obligation would be out of agreement as there is no resolution on the point. Cyber War
The issue of cyber war has not been talked about in the Act. India, as of late, has confronted various digital assaults from programmers outside of India who penetrated through the Indian firewalls. In the 26/11 attacks of Mumbai, various characterized information was given as intel to the culprits from other countries planning attacks against India. There are no arrangements in the Act to make such culprits liable for their activities.
Almost all cyber-crimes, barring a couple, are bailable offences under the IT (Amendment) Act, 2008. The quantum of civil liability is sought to be enhanced in the Act, while the quantum of punishment is reduced due to which convictions in cybercrime is very low.
Intellectual Property Infringement
The most widespread digital “abuse” that an individual makes these days is downloading motion pictures through distributed sharing systems. This is a widespread infringement of copyright laws; however, the numbers of culprits are so large that a successful measure cannot be taken to check it. So, to check the developing threat of digital violations, government through measures frequently deny access to sites. This has been contended to be a draconian measure and a violation of the right to speak freely and articulation under Article 19(1)(a).
Copyright and trade mark infringement do happen on the internet, yet the Copyright Act, 1957, or Trade Mark Act, 1999 which explicitly manages infringements, is quiet on the issue. In this way we have no implementation apparatus to guarantee the protection of domain names on the internet.
Transmission of e-money and exchanges online are not given protection under the Negotiable Instrument Act, 1881. Online security isn’t ensured just Section 43 (penalty for damage to computer or computer systems) and Section 72 (Breach of confidentiality or privacy) discusses it in some degree yet doesn’t address the ruin caused by infringements caused over the internet. Indeed, even the Internet Service Providers (ISP) who transmit some outsider data without human mediation isn’t made liable under the Information Technology Act, 2000. One can undoubtedly take cover under the exclusion condition on the off chance that the ISP demonstrates that it was submitted without his knowledge or that he practiced due perseverance to counteract the offense.
With the internet saturation on a rise in India, the evil of online piracy is growing at an alarming rate, and to fight with the problem of piracy, the Government of India was compelled to issue the Information Technology (Intermediaries Guidelines) Rules, 2011 which mandate an intermediary to observe due diligence while discharging its duties and not knowingly host or publish any information which infringes the Intellectual Property Rights of anyone. But the guidelines would not stop the piracy because of the vastness of the domain. Most of such records are made available on different websites, on or before the date of release. When a record is uploaded on the internet, it opens the floodgates for the masses to download it, thereby, causing heavy losses to the creators. The most difficult thing in the current piracy world is that the person who uploads such records on the internet is unknown to the world. Therefore, preventive action in the nature of ‘John Doe orders’ or Ashok Kumar orders has become significant globally to prevent intellectual property right infringements.
Suggestions and the Way Forward
When I look at the IT Act today, I strongly feel for the modernization of existing laws and enactment of new ones. Maybe it is time we need specific laws on Social Media, Fake news, and eCommerce. Often, we witness the application of two different legislations such as the IT Act and the IPC in a particular scenario. The decision of the Hon’ble Supreme Court in Sharat Babu Digumarti v. NCT of Delhi was followed by the Bombay High Court in Gagan Harsh Sharma v. The State of Maharashtra, holding that when an offence is sufficiently covered under the provisions of the Information Technology Act, 2000, the IT Act will apply as lex specialis to the exclusion of the Indian Penal Code, 1860. The IT Act, a later special law contained overriding provisions over IPC, a general law. Majority of the offences under the IT Act are bailable and compoundable and may also lead to amicable settlement between the parties, wherein, the offence under IPC may not be bailable and can attract higher punishment. Hence, if the complainant is willing to prosecute the offender under sections of IPC, it may deprive the offender from getting bail and from the case being settled, which the IT Act permits. Along with the IPC, the IT Act also at times collides with the Copyrights Act, 1957, the Companies Act, 2013 and the Contract Act, 1872. A settled principle on this point will make the implementation of the IT Act smooth.
Moving on, the reporting of cyber-crimes should be encouraged in order to devise proper mechanisms for its redressal. According to the data analysis of cybercrime, only 50 out of 500 crimes get reported. Here, I would also like to draw the readers’ attention towards the National Cyber-Crime Reporting Portal launched by the Ministry of Home Affairs, Government of India. This portal which can be accessed on https:// cybercrime.gov.in facilitates the victims/complainants to report the cybercrime complaints online and also has a special focus on cybercrimes against women and children.
We are surely in need for a universal regulatory framework mechanism which helps in the restructuring of the substantive as well as the procedural laws relating to computer generated crimes. The problems arising due to divergence of laws and procedure of different nations may be eliminated to a considerable extent if at least major cyber-crimes are uniformly recognized and incorporated by all the countries in their penal laws.
The internet being a borderless medium has often posed jurisdictional challenges in handling of crimes especially cyber defamation. Attention should be drawn towards the multiple publication rule which means that in relation to an online material, each ‘hit’ on the website creates a new publication, potentially giving rise to a separate cause of action if it contains defamatory material. Jurisdiction in such cases may be prescribed by the principles laid down in International Law or applying the Principle of International Comity so that if there is no particular law in the country, the court can resort to the principles already established in other legal systems of the world.
The use of strong encryption technology especially in government commercial organizations that are mostly dependant on massive computerization for the transmission of transactions or sensitive information, will enable them to keep their data safe from leakage or disclosure to public or hackers.
The data landscape of India is bound to witness a sea change with the enactment of the Personal Data Protection Bill but at present the IT Act and the rules made thereunder have not even defined the term ‘encryption’. Strange, isn’t it?
The Information Technology Act, 2000 puts forward reasonable provisions for studying and examining the law and strategizing the field of cyber-crime legislations; however, the legislation falls short of strict implementation of its provisions. This suggests that no penal legislation should be left open for expansive translations, particularly concerning the digital age because the internet provides us with certain freedoms in real life which might make transgressing any law easier for us. Hence, any administrative instrument or authoritative measure must try to be exhaustive, clear and interpreted restrictively. I am keenly looking forward to a wellequipped law which caters to the age of digitization and emerging technologies such as blockchains, artificial intelligence, and cryptos.
Stay Alert and Stay SafeYou’re on the Internet!
The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.
For the latest news Download The Daily Guardian App.
Unlike U.S., Indian Supreme Court upholds Women’s Rights for Abortion
In a landmark judgment on Thursday, the Supreme Court provided enormous relief to all women, upholding their right to medically terminate their pregnancy, if they so willed. This is in sharp contrast to what happened in the United States, a few months ago where the Supreme Court of that country reversed the Roe vs Wade ruling of 1973, thereby making abortion illegal in several states. This ruling was described as regressive by women groups there and several protests were held in multiple cities of the country, which is looked up to by people around the world for freedom of individual rights. Roe was the legal pseudonym of Norma McCorvey, a 22-year old mother of two children, who wanted to medically terminate her foetus of the third child, which was the result of her rape. The Texas court had decided in Norma’s favour and against the pleadings of Wade, who was the Attorney General. The US Supreme Court reversed this decision. The Indian Apex court while providing a detailed interpretation of who all were legally eligible for an abortion, also included in its decision, the right of even single women to go in for abortion, if they so wished. The Supreme Court also made very significant observations regarding marital rape and held that it was not legal, thus leaving the wider interpretation open for the future. This is the first time that the highest Court of the land, has talked about marital rape and has stated that any pregnancy caused because of force or pressure by the husband, came under the purview of an abortion, if it was against the will of the wife. The historic judgment widely welcomed by women rights activists seeks to tilt the balance in favour of pro-choicers as against pro-lifers. Many religions do not permit abortion and it is considered to be a sin, if a woman chooses to terminate her pregnancy. However, there is no ambiguity in the Supreme Court order which seeks to give the women, an option to go in for abortion. In case of single women, the Court has opined that they could use their choice till the first 24 weeks. Importantly, the order shall allow women, many of them victims, to seek medical assistance at all authorized hospitals instead of risking their lives by going to quacks for the termination of pregnancy and make this act legally valid. This order can also be a boon for women in live-in relationships where their partner may try to dump them once they were pregnant. Abortion in other words would no longer be a taboo, at least constitutionally and as per the law of the land. Many women have to bear a child, even if it is known that he or she was going to be medically unfit or may suffer from some sort of physical or mental disorder following his or her birth. The order has further vindicated the faith of the common man in the topmost court and is a tribute to the wisdom of the Judges. The Order should also serve as a warning to bully husbands and overbearing in-laws who may wish to impose their will on helpless women for being pregnant a multiple-times. It is a decision which favours family planning and welfare and needs to be universally hailed.
For RBI, not much space left to be restrictive
Global externalities weigh on MPC decision
The Monetary Policy Committee (MPC) expectedly raised the policy rate by another 50bps for the third consecutive time, with the repo rate now at 5.90%. The decision had a 5-1 split, with one of the members Prof. Ashima Goyal voting in favour of a 35bps hike. The supposed stance has been kept unchanged at “focus on withdrawal of accommodation”, albeit with consistent dissent from Prof Jayanth Varma, another member. The broad underlying narrative is in line with our expectations: the world order is changing, and outsized Fed hikes will lead the synchronized global monetary-tightening cycle. To that extent, global externalities and financial conditions override domestic dynamics. We had argued that the fast-evolving global dynamics and consistent repricing of Fed’s massive hikes are strong-arming Emerging Markets (Ems), indirectly pressing their assets to offer higher risk premia to the world. India has not been spared here, with concerns on the external front continuing to simmer despite easing global supply chain issues. The instability inherent with the classic EM central bank trilemma is exposed: one cannot have a stable currency, unfettered capital flows, and independent monetary policy all at the same time. This painful adjustment has also impacted RBI’s reaction function, which realised the net cost of a supposed soft signalling via a shallow hike could be higher than the explicit cost of a higher 50bps hike. Else, the avoidable noise in financial asset classes would have made the steady state equilibrium even more far-fetched.
INR and external debt pressures seem manageable
The Governor noted that INR weakness has been orderly and in the middle of the EM pack. He again asserted that INR is market determined and pre-determined by RBI, with the central bank only intervening to curb excessive volatility and anchor expectations. He also noted that of the near $70bn loss in spot forex reserves FYTD23, about 67% loss is owing to valuation changes from surging USD and higher US bond yields. This, of course, does not include the run down on forward position. He also added that the umbrella of adequacy of forex reserves continues to be strong and external financing requirements will be met comfortably.
Inflation-growth outlook little changed
The broad narrative on inflation and growth remains unchanged. The tone on the inflation assessment was cautious; the press release again highlighted the risk that sustained high inflation could unmoor inflation expectations and lead to second round effects in the medium term. Even with mild easing in input cost of production, the inflation outlook is fraught with considerable uncertainty, given the volatile geopolitical situation, global financial market volatility and supply disruptions, while demand side resilience could also keep core inflation high. The inflation forecast has been kept unchanged at 6.7% for FY23. On the growth front, the sectoral value-add should be boosted by broad-based gains in agri, industrial and services sectors, while the demand side could be buoyed by rural and urban consumption in H2FY23. However, net exports could be a drag to growth. Keeping that into consideration, the RBI cut the growth forecast to 7% with balanced risks.
RBI unlikely to go too restrictive
We think the conscious front-loading of policy rates gives the MPC some breather on shallow hikes ahead. With inflation likely to be largely in line with RBI’s estimates, today’s 50bps hike will make the ex-post forward real repo rate positive, albeit still lower than the RBI’s estimated real neutral rate of 0.8-1%. At this point, we still think that the RBI would not go too restrictive and terminal rate could hover near the estimated neutral real rates, implying not more than 50bps hikes ahead.
However, the extent of global disruption will remain key to the RBI’s reaction function ahead. The situation globally is still fluid, and macro assessments might require frequent adjustments from the policy perspective. With Banking liquidity now closer to deficit levels, and comfortably below the threshold of 1.5% NDTL (which is seen as inflation-pressing), the policy focus will now also be on to transmission of past rate hike actions, in case of some calm in global asset classes. The system liquidity may improve ahead only at the margin as government spends may be partly offset by higher currency in circulation and consistent high C/D ratios. This liquidity tightening also tantamount to another estimated 25bps+ of rate hike, implying less pressure on conventional repo hikes to take place.
Madhvi Arora is the Lead Economist with Emkay
A fine balance between external headwinds and domestic inflation
The Monetary Policy Committee (MPC) of Reserve Bank of India (RBI) on expected lines increased the repo rate by 50 basis points to 5.90% with a cumulative rate hike of 190 basis points during this rate hiking cycle starting with an off-cycle 40 basis points hike in May. From the Governor’s message it was clear that the MPC was decisive to act swiftly to minimise the spillover impact of “the third major shock” of aggressive monetary policy tightening of advanced economy (AE) central banks post Covid-19 and Russia-Ukraine crisis. Increase in policy rate was needed for a few factors.
India’s retail inflation measured in terms of consumer price index (CPI) remained higher than RBI’s upper tolerance band of 6% for the eighth straight month till August 2022. Food inflation is expected to stay higher due to higher cereal prices. Wheat production got affected due to heat waves in the northern part of India earlier this year and now lower rice production during the kharif season will weigh on prices. Uneven spatial distribution of monsoon adversely impacted prices of perishable items such as tomatoes. Moreover, with the service sector getting back strong, the pricing power is coming back that could fuel inflation. Nonetheless, lower commodity and crude prices will cool off inflation a bit. These factors will keep inflation above MPC’s target of 6% for most part of FY23 and thus a 50 basis points increase in repo was appropriate.
On the growth front, India’s economy is resilient. Credit growth of SCB’s remained robust and increased by 16.2% in the earlier fortnight. GST collections remained above INR 1.4tn for the sixth consecutive month till August. Manufacturing PMI stayed resilient at 56.2 in August with increased capacity utilization in manufacturing. Service sector indicators such as rail freight traffic, domestic air passenger traffic, toll collection show strong resilience. Moreover, kharif sowing being higher by about 1.7% of normal sowing; agriculture remains resilient. Both consumption and investment demand are showing signs of traction. Vehicle sales increased by 20% in August and now on a 3-year CAGR basis up by 1.7%. The rate hiking cycle will not have a very significant adverse impact on India’s growth outlook which allows MPC to deliver bigger hikes.
Real repo rate that is adjusted for inflation is still negative and that will dwindle household savings. Gross household financial savings decreased to 10.8% in FY22 from 15.9% in FY21. It is expected that the MPC will continue to increase the repo rate to take it to neutral level to boost savings.
MPC retained its stance of “withdrawal of accommodation” despite banking system liquidity remaining in deficit on some days recently. This is the correct approach since the government is expected to spend higher on capex and subsidies, liquidity will come to the banking system and RBI will have to mop-up excess liquidity to bring it to neutral level. Government has about INR 3.5tn cash balance with RBI.
Going forward repo rate is expected to become the operating rate since eventually RBI will go in liquidity injection mode. This will see market rates moving higher across tenures. RBI is expected to continue its forex market intervention to stabilize volatility in rupee and outflow of funds. Forex reserves even though decreased but still remain favourable compared to the peer economies which gives RBI the room to do forex intervention.
(Dr. Sudarshan Bhattacharjee is currently the Principal Economist of Yubi (CredAvenue). He has 15 years of professional experience cutting across different domains like banks, ratings, regulator, think tank, etc. In his previous role he worked as a Senior Economist in ICICI Bank. Dr. Bhattacharjee has published various research papers in national and international journals. He holds a PhD from University of Mumbai)
Growing women’s power in IAF on display
Amid the growing number of women pilots and ground crew in the Indian Air Force, the female forces are operating fighter aircraft and choppers extensively in the eastern sector over Arunachal Pradesh and Assam.
Indian Air Force officials in eastern command said the female pilots and ground crew officers are deployed across the country and operate in all types of terrain, from the world’s highest battlefield, the Siachen glacier sector, to the easternmost landing ground in Vijaynagar in Arunachal Pradesh in support of troops and the local population.
“We have had brilliant women who have broken the glass ceiling and paved the way for us to follow our dreams to serve the country,” said Flight Lieutenant Tejaswi, who deservedly became the newsmaker of the week.
“It is no longer a unique experience to have women in the fighter aircraft fleet. Everyone, including men and women, works and trains equally hard. We are on equal footing. In the skies and on the base, we are all first and foremost air warriors, and everything else comes after that,” she said.
The first time the Indian Air Force allowed women in the fighter stream was when three females, including Avni Chaturvedi and Bhawna Kanth, were commissioned in the fighter stream. Later, Kanth became the first person to fly a solo sortie in a MiG-21, while Shivangi Singh went on to fly Rafale planes.
ALH Dhruv Mark 3 pilot Flight Lieutenants Ani Awasthi and A Nain regularly fly their ALH choppers over the Arunachal Pradesh sector through thick forests and close to the LAC.
These pilots are doing a great job, and for us in the IAF, they are air warriors first who have to handle the machines well to perform the assigned tasks, an Eastern Command official said.
The Indian Air Force has more than 1300 female officers working on ground and air duties.
Women are used as pawns in political and ideological battles
The morality and good social conduct of a man fall under the accountability of a woman.
The recent massive ban on the eight organisations led by the PFI (Popular Front of India) highlights how women are merely pawns in these so-called neo-social-political movements.
Women are used for these political causes to rouse gender sentiment among people.
Many Muslim women in India have come out as pro-hijab and for the right to freedom of choice to pick their attire.
Unfortunately, they are blind to the reasoning behind the hijab or the ghunghaat.
Both are ways of conditioning women to make them the culprits, and therefore they must cover themselves from the unhindered lust of men. This lust, unchecked, isn’t punishable. The skewed logic is the woman whose clothing is revealing, which leads to the man lusting after her.
The morality and good social conduct of a man once again fall under the accountability of a woman.
As per the data released by the National Crime Records Bureau (NCRB), a total of 4,28,278 cases of crime against women were registered in 2021, up from 3,71,503 cases in 2020, registering an increase of 56,775 cases this year, marking a 15% increase.
It is the covering up of women that remains the modus operandi for safety. In Cameroon, young girls when they attain puberty have their breasts ironed by their mothers, and sometimes grandmothers, to avoid rape.
Even today, there is Female Gender Mutilation (FGM), which is a part of the Dawoodi Bohras of India. It is called khafz. This practice is offensive, oppressive, harmful, and not religious at all. The practice is simply a hangover of patriarchy and it is done to repress women sexually. The role of her genitalia is viewed to be limited to giving birth to progeny.
FGM is usually carried out on young girls between infancy and the age of 15, most commonly before puberty starts. It’s illegal in the UK and is child abuse. This can seriously harm the health of women and girls. It can also cause long-term problems with sex, childbirth, and mental health.
These forms of oppression have been carried out throughout history, using women as a means to curtail crime, lust, and power.
The hijabi women of Iran too were used shrewdly by Ayatollah Khomeini to bring down the monarchy, and again the same man has ordered a free hand to the moral police of Iran to kill any woman who disobeys the hijab law.
What women fail to understand is that hijab or ghungaat is an archaic way to protect oneself from gender violence. By no means, a woman in a hijab can avoid rape as much as a woman in a pair of shorts and a tee shirt. Violence doesn’t see the clothing as an encouragement; it is the mindset of the criminal.
In India too, multiple women have suddenly donned the hijab in classrooms and are vocal about the right of choice. This isn’t a choice, but a brainwash that must be addressed.
The PFI has been allegedly accused of the sudden commotion of young impressionable girls who have been manipulated to be pro hijab and has also been vocalising the freedom to wear the same.
To know a little about the PFI, it was created in 2007 through the merger of three Muslim organisations in southern India; the National Democratic Front in Kerala, the Karnataka Forum for Dignity, and the Manitha Neethi Pasarai in Tamil Nadu. This grew bigger and wider.
A decision to bring the three outfits together was taken in November 2006 at a meeting in Kozhikode, Kerala. The formation of the PFI was formally announced at a rally in Bengaluru during what was called the ‘Empower India Conference’ on February 16, 2007. The very women who took part in the rally forgot that the empowerment of women is to be free and not hide under the hijab or be the moral keepers of the men who have no such rules in society.
PFI’s national general secretary, Nasaruddin Elamarom, is one of the founding leaders of the outfit. The chairman of NDF National Development from an outfit under PFI, E. Abubaker, also hails from Kerala. Both attempted to arouse religious sentiment and used pro-hijab conditioning to support this movement.
The raids, coordinated by the National Investigation Agency (NIA), the Enforcement Directorate (ED), and state police, took place across 13 states, including Uttar Pradesh, Kerala, Tamil Nadu, and Bihar. The officials mentioned that the searches took place at the premises of the people involved in terror funding, organising training camps, and radicalising people to join proscribed organisations.
We are yet to see how many feminist groups will come forth and talk against the hijab and the ghungaat tradition, which is merely an eye wash to curtail women’s ability to reach their full potential.”We realise the power of our voices only when they are silenced, “said Husna Sait, a bridal couturier for the brand Limited Edition,
“I strongly feel for the women in Iran. Choices are basic, fundamental rights. As a Muslim woman, I have made the active choice of not wearing the hijab. Many of my family women do. In my opinion, this is something that you should do if you believe in it. It can’t be imposed, “ Husna added.
It must not be portrayed as a religious protest but as a voice against misogyny and patriarchy.
Mohua Chinappa is an author and a podcaster of a show called The Mohua Show.
India’s ‘mission’ for a permanent UNSC seat gets a fillip at UNGA
During one of his interactions with the media in the US, External Affairs Minister S. Jaishankar emphatically and unequivocally said that the need to reform the United Nations Security Council (UNSC) cannot be denied forever. Jaishankar also said that India deserved a place as a permanent member of this global body. He, however, in the same breath, said that India never believed that this would be an easy process. What Jaishankar seemingly sought to suggest was that the Indian diplomacy led by him is going to be more aggressive in future for New Delhi’s mission, aimed at achieving a permanent UNSC seat.
Undeniably, India has been at the forefront of the years-long efforts for the Security Council reform. It has long sought for itself a permanent seat on UNSC as well. In what augurs well for India’s quest for a permanent membership of this body, Jaishankar succeeded in giving further momentum to the entire campaign in this direction during his week-long visit to the United Nations. His efforts saw renewed momentum on the front of reform at the UN General Assembly in New York, with scores of countries including four of the five powerful nations openly supporting India’s claim for a permanent seat on the council. China continues to be opposed to India’s campaign for membership. It has pushed Pakistan’s candidacy just to scuttle India’s move to gain entry into the coveted global body. Beijing is opposing any proposal on Japan’s permanent seat on the council as well. This is the reason why India and Japan have decided to run the campaign jointly for their UNSC ambitions.
Irrespective of what China may be thinking, Jaishankar continued to work hard at UNGA and successfully set a strong and powerful narrative, underlining the urgent need to reform the UNSC and its expansion to accommodate New Delhi as a permanent member. At the UNGA, a number of countries including the US and Russia, both having veto powers in the UNSC, reaffirmed India’s views after deliberating on the narrative given by the EAM. It is a big diplomatic achievement that the “reform the UNSC” campaign by India got such a big boost, with massive support from various global quarters. Over 30 countries led by India with St Vincent and Grenadines finally issued a joint statement calling for reforms of the UNSC. This amounts to India’s success in mobilizing global opinion in favour of UN reform, with China obviously watching. It was a good move by the EAM that he raised this issue during his all bilateral meetings in New York. India believes, and rightly so, that the campaign at this level will go a long way in building pressure on China, which is one of the five permanent members having veto power. The other four permanent members are France, Russia, the UK and the US. India is among the 10 non-permanent members of the body. Only a permanent member has the power to veto any substantive resolution. India seeks permanent membership with the veto power.
That US President Joe Biden endorsed India for a permanent seat on the Council came as a big boost for India’s mission in Washington. Jaishankar himself pointed it out, saying that Biden has offered most explicit American backing on UNSC reforms. In fact, Washington has supported India’s campaign for a permanent UNSC seat on earlier occasions as well. What is also true is that all the five permanent members were earlier opposed to any idea of UNSC expansion.
But gradually, the US, France, the UK and Russia started changing their mind, which is attributable also to a strong campaign by India that succeeded in garnering support of other members of the global community. What India needs to do is to continue to work hard to ensure that the other major powers persuade China to remove its objection to India’s claim for a permanent seat. So, the annual gathering of the UN General Assembly in New York saw India’s “robust campaign” seeking a permanent seat on UNSC. The campaign got the much-needed fillip by virtue of Jaishankar being able to reach out to various countries at UNGA on the same issue.
What is needed is that New Delhi must continue to maintain the momentum that has been generated so far. With the SC reform set to be one of the themes of India’s Security Council (SC) presidency this December, New Delhi must utilise the opportunity to give further push to its campaign. December will mark the last of India’s current two-year stint as an elected non-permanent member of the Council.
Opinion2 years ago
South Block’s mistakes will now be corrected by Army
Sports2 years ago
When a bodybuilder breaks Shoaib’s record
News2 years ago
PM Modi must take governance back from babus
Spiritually Speaking2 years ago
Spiritual beings having a human experience
Legally Speaking2 years ago
Law relating to grant, rejection and cancellation of bail
News2 years ago
Chinese general ordered attack on Indian troops: US intel report
Royally Speaking2 years ago
The young royal dedicated to the heritage of Jaipur
Sports2 years ago
West Indies avoid follow-on, England increase lead to 219