Compromising the federal system
One fails to understand what PM Narendra Modi perceives himself as, and whether he has actually forgotten the fact that he is a Prime Minister to the federation of states called India or he is just pretending like that. There seems to be some illusion about the post he has occupied that he is the permanent king of this land called India. And that makes him assume all the state heads are his subordinate rulers while he is the undisputed emperor. Hence his way of treating other state heads is not conducive to democracy.
What we have here in India is a federal system. There are precise policies, conventions, protocols and practices to explain how the state heads must act. But the PM is simply violating most of them without even the slightest concern of how this would cause the federal system to be blown into smithereens. He had visited Karnataka in the recent days to participate in many events in Hubballi and IIT Dharwad. He laid foundation stones for some new projects. But the CM of the state Kumaraswamy was not invited to any of these events. Yet, as a protocol, minister Deshpande was present at these. State government has given 300 acres of land to Dharwad IIT apart from providing basic infrastructure. Yet, the CM of the state has been left out. What does this mean?
This was not some party event that happened in Dharwad. It’s an official one which should and must have the state CM being invited or being part of it. This protocol was not heeded to. Some time ago, when the PM dedicated the Kalaburagi-Bidar train route to the people of the region, he should have invited local MP Mallikarjun Kharge. But Kharge was kept out in order to humiliate him. This was widely criticized and the same thing has repeated in Dharwad too. The central government is acting with total callousness in non-BJP ruled states. PM’s behavior is affecting the federal system that we have. His conduct in West Bengal. Andhra, Delhi and Kerala is simply deplorable. He had sent the CBI team to arrest most senior police officer and that team was arrested by Bengal cops and was kept under detention.
None of this is a crowning glory to the federal system that we have. Andhra CM Chandrababu Naidu is coming across as a personal enemy of PM Modi who is refusing to honour special status to Andhra that was assured to them during the state division in prior to 2014. Modi criticizes the Andhra CM in his own home state in a language that is unbecoming of a PM. BJP goons are launching attacks on Kejriwal. And the central government is safeguarding those attackers.
PM has been criticizing even the implementation of Supreme Court order to allow women to enter Sabarimala temple in Kerala because the state is governed by a left government. PM is calling for unrest in Kerala. This is not a right precedence to set with states that do not have BJP government. Such vengeful behavior is getting him black flag welcome in Assam. “Go Back Modi” has become a regular in many states wherever his visit is slated now.
Some time ago, Atal Bihari Vajpayee of the same party was the PM. Whatever may be his ideological differences with anyone, he maintained dignified relations with states. For instance if he had to appoint a governor to West Bengal, he would not take unilateral decision without consulting his ideological contrast, Communist to the core Jyoti Basu. W. Bengal was ruled by the communists for the longest time. Modi’s behavior is in total contrast to this. If this continues, this may cause irreparable harm to the federal system. Unless he mends it, it would not be good for the federal structure or to his own political journey.
India is a country with different languages, faiths and cultures. This is our diversity. We have a binding towards the constitution. Unity in diversity is our core commitment. If we try to make a uniform culture, faith and language, this country will be destroyed. Modi has got his education from the RSS Shakha. Now he is occupying the chair of the PM. He should not degrade the constitution and democracy of the nation. He needs to take the CMs of the state along, with respect. This alone can beget respect for him too.
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WhatsApp says it will exit India if forced to compromise with privacy, Delhi High Court informed
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New Delhi (PTI): The Delhi High Court on Thursday listed for hearing on August 14 petitions by WhatsApp LLC and its parent company Facebook Inc, now Meta, challenging the 2021 Information Technology (IT) rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of information.
WhatsApp informed the Delhi High Court that its more than 400 million users in India primarily rely on the platform for its robust privacy features. The messaging giant said that that it would cease operations in India if compelled to compromise message encryption, a pivotal safeguard ensuring only intended parties can access message content. Representing the Meta-owned company, its lawyer firmly stated to the court, "As a platform, we are stating that if we are mandated to dismantle encryption, then WhatsApp will exit.”
Observing that the matter would have to be argued by the parties, a bench headed by Acting Chief Justice Manmohan asked if the issue has been considered in any other country.
"There is no such rule anywhere else in the world. Not even in Brazil," the lawyer appearing for WhatsApp said, adding that the requirement was against the privacy of users and the rule was introduced without any consultation.
The bench, also comprising Justice Manmeet P S Arora, said privacy rights were not absolute and "somewhere balance has to be done."
Central government counsel said the rule was significant when objectionable content is spread on platforms in cases such as those of communal violence.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were announced by the government on February 25, 2021 and required large social media platforms like Twitter, Facebook, Instagram and WhatsApp to comply with the latest norms.
The bench ordered that the matter be listed for hearing on August 14 to await the transfer of all other petitions challenging several aspects of the 2021 IT Rules to it pursuant to a Supreme Court order.
During the hearing, WhatsApp's counsel said steps have been taken to "contain virality" and it was possible to trace the originator "traditionally" by examining the sequence of senders of a message.
"They say open the entire technology. Is it proportional? I am caught in between," he added.
The counsel also informed the court that all platforms would have to comply with the new data protection law, which deals with collection, processing and sharing of data, once the relevant rules are framed.
In its petition filed in 2021, WhatsApp has said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits "at risk".
WhatsApp LLC has urged the high court to declare Rule 4(2) of the intermediary rules as unconstitutional, ultra vires the IT Act and illegal and sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires enabling the identification of the first originator of information.
WhatsApp said the traceability provision is unconstitutional and against the fundamental right to privacy.
The plea has said the traceability requirement forces the company to break end-to-end encryption on its messaging service, as well as the privacy principles underlying it, and infringes upon the fundamental rights to privacy and free speech of the hundreds of millions of citizens using WhatsApp to communicate privately and securely.
In its reply, the Centre has said the law empowers it to expect such entities to create safe cyberspace and counter “illegal content” either themselves or by assisting the law enforcement agencies.
The Centre has told the court that Section 87 of the Information Technology Act gave it power to formulate Rule 4(2) of the Intermediary Rules which mandates a significant social media intermediary to enable the identification of the first originator of an information in “legitimate state interest” of curbing the menace of fake news and offences concerning national security and public order as well as women and children.
The Centre has also stated that if a platform does not have the means to trace the first originator without breaking the encryption then it is the platform which “ought to develop such mechanism” in larger public duty.
On March 22, the Supreme Court transferred to the Delhi High Court a batch of pleas pending before different high courts across the country challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Several petitions were pending on the issue before different high courts including Karnataka, Madras, Calcutta, Kerala and Bombay high courts.
