India’s Position in Atomic Energy Production:-

At present India with twenty one (21) nuclear power reactors, stands seventh (7) among thirty one (31) countries with nuclear power in terms of number of reactors and thirteenth (13) in terms of electricity generation.

The present nuclear power installed capacity of 5780 MW is expected to shortly increase to 6780 MW within this financial year with the start of commercial operation of Kudankulam Unit-2 (KKNPP-2) in accordance with stage-wise clearances of Atomic Energy Regulatory Board (AERB).

This unit has already attained first criticality (start of controlled self sustaining nuclear fission chain reaction for the first time) on July 10, 2016. The installed capacity is expected to increase to 10080 MW by the year 2019 on progressive completion of projects under construction.

India has signed nuclear agreements for cooperation in the peaceful uses of nuclear energy with Russia, United States of America (USA), France, Australia, United Kingdom, Czech Republic, Republic of Korea, Kazakhstan, Argentina, Canada, Vietnam and Sri Lanka. India proposes to sign such an agreement with Japan in future.

Steel industry seeks extension of MIP :-

The steel industry has urged the Centre to continue the minimum import price (MIP) protection scheme to guard against increased imports, user-industries have started protesting against any extension of the scheme.

MIP for Steel Industry:-

The MIP scheme was introduced in February, 2016 for six months.Post-MIP, the industry has been able to marginally improve its viability after a prolonged period of subdued prices and eroded profit margins
While MIP cannot possibly be an all-encompassing framework for a complete turnaround of the Indian steel industry, it has provided a cushion against surging imports
The Indian steel industry does not see MIP as a perpetual protectionist step, but as a necessary temporary measure that will allow time for recovery.
The accelerating imports at predatory prices from three steel-surplus Asian countries(read China) has been a major concern for the domestic industry since 2014.
Steel imports, which had peaked in July 2015 registering a 114.6 per cent increase year-on-year, started to decline around November 2015 (when a provisional safeguard duty was imposed). Post-MIP it has dropped in range of 24.6 per cent and 43.1 per cent in the first quarter of the current fiscal.

Act East Policy

The Act East Policy (AEP) focuses on the extended neighbourhood in the Asia-Pacific region.
AEP provides an interface between India and the Association of Southeast Asian Nations (ASEAN) region.
The policy which was originally conceived as an economic initiative, has gained political, strategic and cultural dimensions.
On the domestic front, the Government has taken measures for time bound completion of critical infrastructure projects in the North Eastern Region (NER) relating to road, rail, inland water transport, power, airports and telecom connectivity.

Various Govt. Schemes to Boost Exports:-

(i) The Merchandise Exports from India Scheme (MEIS) :- It was introduced in the Foreign Trade Policy (FTP) 2015-20 with effect from April 1, 2015. MEIS aims to incentivize export of merchandise which is produced/ manufactured in India.

(ii) Interest Equalisation Scheme on Pre & Post Shipment Rupee Export Credit :- The rate of interest equalisation is 3% per annum.

(iii) Market Access Initiative (MAI) Scheme :- It is an Export Promotion Scheme envisaged to act as a catalyst to promote India’s exports on a sustained basis. The scheme provides assistance to Export Promotion Organizations/Trade Promotion Organizations/National Level Institutions/ Research Institutions /Universities /Laboratories, Exporters etc., for enhancement of exports through accessing new markets or through increasing the share in the existing markets.

(iv) Market Development Assistance (MDA) Scheme is under operation through the Department of Commerce to assist exporters for export promotion activities abroad, assist Export Promotion Councils(EPCs) to undertake export promotion activities for their product(s) and commodities and assist approved organizations/ trade bodies in undertaking exclusive non-recurring innovative activities connected with export promotion efforts for their members.

INDO-US Clean Energy Fund :-

India and the United States of America (USA) will be jointly working for the creation of US $ 20 million for US-India Energy Finance Initiatives, equally supported by the USA and India, which is expected to mobilize up to US $ 400 million to provide finances for clean and renewable electricity by 2020.

Four New Ports Proposed in Country (Can be important for Mapping purposes)

Enayam in Tamil Nadu,
Sagar in West Bengal,
Dugarajpatnam in Andhra Pradesh
Vadhawan in Maharashtra.

Generations and Journeys – Survey and Findings :- Poor saving habit

A survey by HSBC (Hong Kong and Shanghai Banking Corporation Limited) named ‘Generations and Journeys’ observed that “a large number (47 per cent) of working age people in India have either not started saving for their retirement or have stopped or faced difficulties while saving for their future.”

The report also observed that 21 per cent of the working age population surveyed have not even started saving for retirement.

Household saving has two components—financial saving and physical saving.

Household financial savings consists of their savings in terms of financial assets like bank deposits, shares and debentures, etc.

Household physical saving consists of household construction, their possession of machinery and equipment and valuables, etc.

It is not clear from the published report of the HSBC Survey whether it refers only to the financial savings of the Indian labour force.

The data from the National Accounts reveal that in 2014-15, Indian households saved about 19.1 per cent of the of the Gross domestic product, of which their physical savings consisted of 11.4 percentage points and financial savings consisted of 7.7 percentage points, indicating that Indian households save more in physical form than in financial assets.

The Survey conducted by the National Sample Survey Office during January-December 2013 on Household Assets and Liabilities revealed that about 82.2 per cent of the rural households and 81.1 per cent of the urban households reported possession of bullion and ornaments.

The strong bullion preference of Indian households, along with the generally high inflation and inadequate access to banking and financial channels that prevailed during the last decade, to a great extent, explained the saving behavior of Indian households.

Issues Raised by India in WTO

A declaration was adopted at the Tenth Ministerial Conference of the World Trade Organization (WTO), held in Nairobi, Kenya, from 15 to 19 December 2015.

It comprises six Ministerial Decisions on agriculture, cotton and issues related to least-developed countries (LDCs). These cover an agricultural Special Safeguard Mechanism (SSM) for developing countries, public stockholding for food security purposes, a commitment to abolish export subsidies for farm exports and measures related to cotton.

The Ministerial Decision relating to Cotton does not prohibit subsidies to the cotton sector and India can continue to provide domestic support to cotton, as per the existing WTO rules and commitments. The Ministerial Decision relating to export competition stipulates that export subsidies to the cotton sector will be eliminated by developed countries immediately and by developing countries with effect from 1 January 2017. Presently export subsidies can be provided by only a few members, mainly developed countries, who had been giving such subsidies and had scheduled the same following the Uruguay Round of trade negotiations. India was not giving such subsidies and had not scheduled them and therefore, does not have such an entitlement. The elimination of export subsidies by developed countries will help the cotton industry in developing countries, including India, to become more competitive.

India negotiated a Ministerial Decision which recognizes that developing countries will have the right to have recourse to an agricultural Special Safeguard Mechanism (SSM) as envisaged in the mandate of the Doha round of trade negotiations.

Negotiations on the SSM will be held in dedicated sessions and the WTO General Council has to regularly review the progress. The SSM is intended to help developing countries protect their agriculture sector from the effects of import surges.

Impact of MES to China

Apart from ongoing internal assessments, there are studies available which basically postulate on the possible implications of China being granted Market Economy Status(MES).

The WTO did not distinguish between non-market economy and market economies before 1955, when the second paragraph of the addendum to article VI of the General Agreement on Tariffs and Trade (GATT) was introduced.

The addendum acknowledges that non-market economy policies can introduce price distortions. These distortions can render price comparability between the normal value, determined as the domestic price of a certain good in the export country, and the export price of that same good applied by the exporters of that same country, impossible.

The accurate comparability of these two values is fundamental for calculating the dumping margin and determining applicable dumping duties. The addendum therefore allows importing countries to take into account alternative methodologies if comparing of domestic prices of the exporting country is inappropriate.

The addendum’s alternative approach can be used by any importing country that can prove the exporting country complies with the definition of a Non-Market Economy under the addendum.

The main implication of NME status in anti-dumping proceedings is the possibility to use other methodologies to determine the normal value of the good, instead of using domestic prices to compute the dumping margin.

In general, NME methodologies to calculate normal value have proven to lead to higher anti-dumping duties. In view of these higher duties, and the fact that China faces the highest number of anti-dumping investigations, obtaining earlier recognition of Market Economy Status (MES) has been one of the country’s major foreign policy objectives since 2003.

India also has a large number of anti-dumping investigations against China. Out of the 131 measures in force, 87 measures are against China.

In these investigations, in several cases, China has been considered a Non Market Economy (NME) on account of significant direct or indirect state control in the enterprise or in major operation, raw material and utility supplies, provision of land and transfer of erstwhile State controlled old plants and production units at nominal prices thereby affecting the cost and prices of the goods and services.

Our investigating authorities treat certain Chinese industries, on a case to case basis, as operating under market conditions for the purpose of arriving at the normal values. If China is treated as having a Market Economy Status then the cost and prices of the Chinese Producers would have to be accepted across board, for determination of the normal values and dumping margins.

Under Section 15 of the Chinese WTO Accession Protocol, China can be treated as a non-market economy (NME) in anti-dumping proceedings if Chinese firms cannot prove that they operate under market economy conditions.

China has argued that, according to Section 15(d) of the WTO Accession Protocol, the Section 15 provision allowing for NME methodology expires after 11 December 2016, resulting in a legal obligation to grant MES to China after that date. This interpretation of the section remains highly controversial.

Several countries have granted earlier recognition of MES to China, mainly as a condition for negotiating free trade agreements (FTA) with China.

In addition to India, the main countries which still consider China an NME are the US, Canada, Japan and the European Union (EU).

Bio-Toilets Developed by DRDO

The bacteria from Antarctica are components of anaerobic microbial consortium that is used for seeding (inoculation) of bio-digesters.

The consortium is composed of bacteria belonging to four groups, which work in sequential manner. The Antarctic bacteria which are cold active (work in wide temperature range) constitute the first two groups, i.e. hydrolytic & acidogenic. Cow dung, being abundantly available at low cost, has been used for multiplication of bacteria used in the bio-digester.

The cow dung is used only during multiplication of bacteria in the inoculums generation facility, which is a closed system. Once it is consumed by the bacteria and converted into a form that does not have any fly attractant property and rather detract them. Final bacteria fed into the bio-digester do not have any unpleasant odour and get washed away in the bio-digester within few days. At present, no additional measures are required to prevent them.

Endangered Species

The Government has established a Protected Area (PA) Network (730 PAs including 103 National Parks, 535 Wildlife Sanctuaries, 26 Community Reserves, and 66 Conservation Reserves in different biogeographic regions) towards conservation of threatened (including endangered and vulnerable) species, which primarily covers habitats of threatened megafauna, such as tiger, rhino, elephant, etc.

Biological Diversity Act, 2002, was enacted to ensure protection of threatened species and their habitats. Under the provisions of Section 38 of the National Biodiversity Act, 2002, the species which are on the verge of extinction or likely to become extinct in near future as threatened species, are notified.

The Centrally Sponsored Scheme ‘Integrated Development of Wildlife Habitats’ has been modified in 2008-09 by including a new component namely ‘Recovery of Endangered Species’ and 17 species have been identified for recovery viz. Snow Leopard, Bustard (including Floricans), River Dolphin, Hangul, Nilgiri Tahr, Marine Turtles, Dugong & Coral reefs, Edible Nest Swiftlet, Asian Wild Buffalo, Nicobar Megapode, Manipur Brow-antlered Deer, Vultures, Malabar Civet, Indian Rhinoceros, Asiatic Lion, Swamp Deer and Jerdon’s Courser.

The Wild Life (Protection) Act, 1972 has been enacted for protection of wild animals, birds and plants against hunting and commercial exploitation. The Central Bureau of Investigation (CBI) has been empowered under the Wild Life (Protection) Act, 1972 to apprehend and prosecute wildlife offenders. The Wildlife Crime Control Bureau has been set up for control of poaching and illegal trade in wildlife and its products.

Amendment in Section 309 and 377 of IPC-Decrminalizing suicide

The Law Commission of India, in its 210th Report: “Humanization and Decriminalization of Attempt to Suicide” had recommended that Section 309 (attempt to commit suicide) of IPC needs to be effaced from the statute book.

A draft amendment is presently under examination in the Ministry. As regards Section 377 of IPC, it is stated that pursuant to Curative Petition (Civil) 88-102 of 2014 before the Supreme Court, the Supreme Court referred the matter to a Five Judges Bench and as such the matter is currently sub-judice.

Amendments in the Criminal Justice System is a continuous process in order to make the laws in sync with social changes. The amendments in the Indian Penal Code (IPC) and the code of Criminal Procedure (CrPC) are carried out from time to time based on the recommendations of the Law Commission of India, various Court judgments and the reports of any other committees specially constituted for the purpose.

India’s Indc Targets

Under its Intended Nationally Determined Contribution (INDCs), India has indicated that it will achieve about 40 percent cumulative electric power installed capacity from non-fossil fuel based energy resources by 2030 with the help of transfer of technology and low cost international finance including from Green Climate Fund (GCF). The contributions under INDC have to be achieved by 2030.

India has set renewable power deployment target of 175 GW by the year 2022, which includes 100 GW from solar and 60 GW from wind energy.

Pradhan Mantri Rojgar Protsahan Yojana

A new scheme “Pradhan Mantri Rojgar Protsahan Yojana”(PMRPY) has been announced in the Budget for 2016-17 with the objective of promoting employment generation and an allocation of Rs. 1000 crores has been made.

The scheme is being implemented by the Ministry of Labour and Employment in 2016-17. Under the scheme employers would be provided an incentive for enhancing employment by reimbursement of the 8.33% EPS contribution made by the employer in respect of new employment.

The PMRPY scheme is targeted for workers earning wages upto Rs. 15,000/- per month. Publicity and awareness campaign is an integral component of the PMRPY scheme for encouraging employers including Micro, Small and Medium Enterprises (MSMEs) to avail benefits.

Buddhist remains unearthed in A.P.

Buddhist remains on a mound called ‘Ernamma Pallu Dibba’ were unearthed in Krishna district.
These remains, basing on the style of art and architecture are datable to the 3rd Century AD — i.e., Ikshwaku times.
The inscription issued by Upasika Bodhisiri, wife of a mariner, mentioned that she built a stone-pillared pavilion at Ghantasala for the benefit of the devotees visiting the mahastupa

Amendments to the Maternity Benefit Act, 1961

The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.

The amendments to Maternity Benefit Act, 1961 are as follows:

• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.

• 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.

• Facilitate ‘Work from home’. • Mandatory provision of Creche in respect of establishment having 50 or more employees.

Justification:

• Maternal care to the Child during early childhood – crucial for growth and development of the child.

• The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks.

• Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.

• In Tripartite consultations, all stake holders, in general supported the amendment proposal.

Technology Acquisition and Development Fund

To provide funding support to SMEs for the acquisition and development of clean and green technology.
The Scheme is applicable to all existing and new Micro, Small and Medium Enterprises (MSMEs) including those in the National Investment and Manufacturing Zones (NIMZs) in respect of their investments made after notification of the Scheme.

‘State of ICT in Asia and the Pacific 2016: Uncovering the Widening Broadband Divide’.

The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), in its report, has placed India at 39th position in terms of fixed broadband adoption among Asia Pacific countries. The report is named- ‘State of ICT in Asia and the Pacific 2016: Uncovering the Widening Broadband Divide’.

According to the report, 1.3% of population in India subscribed to fixed broadband service in 2015.
Fixed broadband penetration in Asia and the Pacific is even below the world’s average of 11.2 subscriptions per 100 inhabitants in 2015.
India ranks lower than countries such as Bhutan, Sri Lanka and Bangladesh in fixed broadband subscriptions per 100 inhabitants in ESCAP countries in 2015.

U.S. set to hand over Internet’s naming system to ICANN

The U.S. will give up its power fully to Los Angeles-based ICANN (Internet Corporation for Assigned Names and Numbers), a non-profit organisation.The terms of the change were agreed upon in 2014, but it was not until now that the U.S. said it was finally satisfied that ICANN was ready to make the change.

DNS:The Domain Naming System, DNS, is one of the Internet’s most important components. It pairs the easy-to-remember web addresses with their relevant servers. Without DNS, one would only be able to access websites by typing in its IP address.

Internet Corporation Assigned Names and Numbers (ICANN):

ICANN is the global body that oversees operation and administration of the Internet domain name system. It was formed in 1998.It is a not-for-profit partnership of people from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet’s unique identifiers.

ICANN doesn’t control content on the Internet. It cannot stop spam and it doesn’t deal with access to the Internet. But through its coordination role of the Internet’s naming system, it does have an important impact on the expansion and evolution of the Internet.

It is responsible for coordinating the maintenance and methodologies of several databases, with unique identifiers, related to the namespaces of the Internet – and thereby, ensuring the network’s stable and secure operation.

ICANN is governed by an internationally diverse Board of Directors overseeing the policy development process. ICANN’s President directs an international staff, working from three continents, who ensure that ICANN meets its operational commitment to the Internet community.

Global Innovation Index: India moves up to 66th rank this year

The annual index — released by WIPO, Cornell University, and the multi-nation business graduate school INSEAD — has been ranking world economies since 2007 according to their innovation capabilities using more than 80 indicators, including education, R&D, patent filings, knowledge and technology inputs and institutions.

Highlights:

India scored a major improvement in its Global Innovation Index ranking this year, moving up to the 66th place from 81 in 2015. India’s better performance in the latest index readings was due to its strengths in tertiary education, software exports, corporate R&D and market sophistication.
The report said India was starting to excel in ICT and creative goods exports, setting a good example of how policy was improving the innovation environment.
In the infrastructure indicator, India has stayed put in the 87th rank, not having progressed in the use of information technology.
Overall, Switzerland emerged as the global leader followed by Sweden, the UK, the US and Finland. Switzerland had ranked first in the 2015 index as well.

ICHR plans encyclopedia of village folklore from across India

ICHR is planning a mammoth encyclopedia of Indian villages complete with its heroes, myth, ballads and history as well as histories of princely states.This initiative aims to connect people better with the oral and folk traditions.

Along with this, ICHR is also planning to conduct a study of the princely States of modern India and studies to fill the gaps between the Harappan civilisation and the 6 century BC. The idea behind doing the history of princely states is to showcase their contribution and how Indian culture was protected by them.

According to historians, the present generations are gradually delinking themselves from their cultural heritage. Hence, they think it’s their responsibility to collect, preserve and transmit this knowledge of history for the generations to come.

The students of history will be taken as apprentices, as barefoot historians, and will be encouraged to collect information of the villages around them. For these projects, the ICHR would seek part funding by corporate houses.

Tirot Sing’s Contribution to Freedom Struggle

Tirot Sing was one of the greatest freedom fighters to hail from the northeast. In the attempt to prevent the Khasi Hills from falling into colonial hands, Tirot Sing, a Khasi chief, had raised the battle cry against the invasive British forces on April 4, 1829, but was eventually captured and defeated. He died in captivity in Dhaka in 1835.

Context:-

At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

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What is LEAF Coalition?

Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

Why LEAF Coalition?

The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

Brazil & India

Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

Tribes, Forests and Government

Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.

To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

Way Forward

Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

Perhaps India can begin by taking the first step.

INTRODUCTION:-

The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.

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However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.

It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.

EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935

The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.

It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.

It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.

Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.

The Government of India Act, 1935, and Other Acts

With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.

First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.

Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.

He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.

At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.

The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.

The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.

Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.

The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.

The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.

Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.

The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.

He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.

He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.

Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.

However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.

And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.

The Nehru Report(1928): First Indian Initiative to Draft Constitution

As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.

The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.

The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.

The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.

It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.

Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.

FORMATION OF THE CONSTITUENT ASSEMBLY

The Cripps Mission

Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.

In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.

The draft proposals of the Cripps Mission recommended the following:

providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
Such provinces were to be free to enter separate constitutional arrangements.

Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.

The Cabinet Mission

The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.

The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.

The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.

The Cabinet delegation made the following recommendations:

there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
all residuary powers would belong to the Provinces and the States;
the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
the provinces would be free to form Groups with executives and legislatures;
and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.

Election to the Constituent Assembly

Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.

However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.

The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.

As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.

NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION

It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.

According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.

The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.

Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.

There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).

In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.

Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.

The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.

The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.

The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.

Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.

Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.

Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.

Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.

The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.

Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was away in America and his place was not filled up, and another person was engaged in State Affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell upon Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”

Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.

THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949

The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.

As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.

The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:

(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;

(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;

(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;

(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;

(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.

After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.

A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.

It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.

It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.

SALIENT FEATURES OF THE CONSTITUION

The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.

The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.

The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.

Universal Adult Suffrage and Abolition of the Separate Electorate

After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.

One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.

Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.

In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.

The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.

The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.

In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.

According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.

CONCLUSION

The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.

These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.

Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.

The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.

It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.

The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.

Context

Sunil Mittal, the chairman of Bharti Airtel, said recently that it would be “tragic” if India’s telecom-access market was to be reduced to only two competing operators. He was probably referring to the possible exit of the financially-stressed Vodafone Idea and the increasing irrelevance of government-owned operators, BSNL and MTNL. This would essentially leave the market to Reliance Jio and Airtel. A looming duopoly, or the exit of a global telecommunications major, are both worrying. They deserve a careful and creative response.

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Thus Far

India’s telecom market has seen monopoly as well as hyper-competition.
Twenty-five years ago, the government alone could provide services.
Ten years later, there were nearly a dozen competing operators.
Most service areas now have four players.
The erstwhile monopolies, BSNL and MTNL, are now bit players and often ignored.

The reduced competition is worrying. Competition has delivered relatively low prices, advanced technologies, and an acceptable quality of services. These gains are now at risk. There is a long way to go in expanding access as well as network capacity.

The Indian Telecom Irony

India is ranked second globally—after China—in the number of people connected to the internet. However, it is also first in the number of people unconnected.
Over 50% of Indians are not connected to the internet, despite giant strides in network reach and capacity.
India’s per capita or device data usage is low. It has an impressive 4G mobile network. However, its fixed network—wireline or optical fibre—is sparse and often poor.
5G deployment has yet to start and will be expensive.

Vodafone Tragedy

Filling the gaps in infrastructure and access will require large investments and competition. The exit of Vodafone Idea will hurt both objectives. The company faces an existential crisis since it was hit hardest by the Supreme Court judgment on the AGR issue in 2019, with an estimated liability of Rs 58,000 crore.

The closure of Vodafone Idea is an arguably greater concern than the fading role of BSNL and MTNL. The government companies are yet to deploy 4G and have become progressively less competitive. Vodafone Idea, on the other hand, still accounts for about a quarter of subscriptions and revenues and can boast of a quality network.

It has been adjudged the fastest, for three consecutive quarters, by Ookla, a web-service that monitors internet metrics. India can ill-afford to waste such network capacity. The company’s liabilities will deter any potential buyer.

Vodafone+MTNL+BSNL ?

A possible way out could be to combine the resources of the MTNL and BSNL and Vodafone Idea through a strategic partnership. Creative government action can save Vodafone Idea as well as improve the competitiveness of BSNL and MTNL.

It could help secure government dues, investment, and jobs. It is worth recalling here that, about 30 years ago, the Australian government’s conditions for the entry of its first private operator, Optus, required the latter to take over the loss-making government satellite company, Aussat. Similar out-of-the-box thinking may well be key to escape the looming collateral damage.

It is not trivial to expand competition in India’s telecom market. Especially since there are no major regulatory barriers to entry anymore. Any new private player will be driven largely by commercial considerations. Global experience suggests that well-entrenched incumbents have massive advantages. New players are daunted by the large investments—and much patience!—needed to set up networks, lure existing customers and sign new ones.

However, regulators and policymakers have other options to expand choice for telecom consumers. Their counterparts in mature regulatory regimes—e.g., in the European Union—have helped develop extensive markets for resale. Recognising the limited influence of smaller players, regulators mandate that the incumbent offer wholesale prices to resellers who then expand choice for end-users.

This has been virtually impossible in India. There is a near absence of noteworthy virtual network operators (VNOs) and other resellers. A key barrier to resale is India’s licence fee regime which requires licence-holders to share a proportion of their revenues with the government. Thus, resale could hurt exchequer revenues unless resellers are subject to identical levies. Understandably, the levies—and consequently additional reporting and compliance—is a disincentive for smaller players. The disincentive flows from levies based on revenues which comes with considerable costs of compliance. It would almost vanish if the levies were replaced by say, a flat fee computed objectively.

The ball is in the court of the regulator and the government. They have options. But will they take decisive action to exercise them? It will be ‘tragic’ if they can’t.

Policy
One Nation One Ration Card

INTRODUCTION

Since most of the early scholars, researchers and historians were men, many aspects of society did not find a place in history books. For example, child-birth, menstruation, women’s work, transgenders, households etc. did not find much mention.

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Rather than building a holistic picture of the past, some select aspects such as polity and the different roles of men became the central focus of history writing. Women were confined to one corner of the chapter where a paragraph or two was devoted to the ‘status and position of women’.

Even the details of these paragraphs were hardly different from each other. This made it look like as if history (and thereby society, polity, economy and all culture) belonged to men while women were only a small static unit to be mentioned separately. Of course, there were some exceptions, but these were however rare. This practice is being corrected now and the roles and presence of women are being read into all parts of historical questions.

SOURCES FOR UNDERSTANDING GENDER HISTORY

Sources are the bases of history writing. From simple pre-historic tools to abstruse texts, everything can be utilized to understand life and roles of women in history. The presence as well as the absence of women from sources needs to be duly noticed, deliberated and argued upon and only then to be theorised upon.

Certain objects being directly related to the lives of women or depicting the ideas of the female principle are of central importance. These include but are not limited to female figurines, art objects, texts attributed to or authored or compiled by women, monuments created by or for women, various objects relating to their lifestyle, objects associated with women on account of their cultural roles and so on.

It has been rightly pointed out by Uma Chakravarti that much of the gender history written in early phase was a ‘partial view from above’. This referred to the utilization of select textual sources and focused only on relational identity of women. There were, however, a few exceptions.

GENDER HISTORIOGRAPHY

Amongst the many narratives propagated to denigrate Indian civilization and culture by the British colonial rulers, the condition of Indian women became a point of central reference. Various social evils that made the life of women miserable were pointed out and efforts were also made to introduce ‘reforms.’ Sati, child-marriages, imposed widowhood, polygamy, dowry, educational and economic inequality, purdah (ghoonghat) and many other practices prevailed during the colonial period that made the life of women difficult and pitiable.

Some practices affected women of higher social and economic households while others led to misery for poorer women. Many social reform movements were started in the 19th century to address these issues and contributions were made by Indian reformers as well as British officials and other Europeans.

Women in India came to be treated as a homogeneous category and over generalisation became the norm. While many communities in India practised widow remarriage and did not practise (much less forced) sati and while some practised divorces or separation, the image of the Indian woman who had been subjugated as woman, wife and widow became a dominant theme in history writing.

Secondly, a western vision was placed over the non-western societies and hence interpretations were far removed from the context. For example, notion of stridhan was equated with dowry and little regard was paid to the provisions regarding its use and ownership by women.

The huge social stigma that came along with the selling of jewellery of the household (one of the main components of stridhan) was paid no attention to. Similarly, penal provisions listed by ancient texts for misappropriation of women’s property were not even looked into.

During the Paleolithic age, hunting and gathering was norm. However much importance was given to Hunting than gathering in all literature of history. Studies, however, show that hunted prey formed only 35% of the diet while gathering fruits and other edible material supplied the major portion. Gathering of food resources was ordinarily done by women. Since gathering was an important activity, more than hunting for game, it could point to significant role playing by women.

The gendered understanding of Harappan civilization is being built upon and various archaeological remains have been studied in this respect. The female figurines, idols of pregnant women, the statue of the ‘dancing girl’, various pieces of jewellery and personal belongings that have been discovered at various sites and offer useful insights on the public and private lives of women and men.

The statue of a girl obtained from Mohanjodaro has been called a ‘dancing girl’ on grounds of familiarity with the institution of devadasis in the later times. Such backward looking explanations are problematic.

There is a wide variety of terracotta female figurines that have been found at different sites right from the pre-Harappan times. Women figures are found suckling a baby, holding utensils, kneading dough, nursing infants, carrying objects like drums, seated figures for board games, with steatopygia (fat deposition on the hips and elsewhere), with floral head-dresses and in many other forms.

Even figurines of pregnant women are quite common. However, most of these have been uncritically associated with fertility, religiosity and reproductive ideas, and have been passed off as representations of the Mother Goddesses. While some of them were votive objects, others are held to be toys or other utilities. The focus on female form has been so stereotypical that women have been seen as associated only with home, hearth, fertility, sexuality and divinity. So much so that sometimes even male figurines in assumed womanly roles were classified as female figurines.

POSITION OF WOMEN IN EARLY INDIA

The first literary tradition in the Indian subcontinent (and the oldest in the world) is that of the Vedic corpus. From the four Samhitas to the Upanishads, we find many interesting references to women in various roles. Some of these women have left their mark on the cultural heritage to this day and are remembered in various ritual and social contexts. Their names, stories, some highly revered hymns, and other interesting facets are mentioned in the Vedic corpus.

The Vedic literature has been classified as Early Vedic and Later Vedic. The Rigvedic society and polity seems to be teeming with life and agro-pastoral economy was enmeshed in close kinship ties. Women as well as men participated in society, economy and polity. Some of the most revered hymns including the gayatri mantra are ascribed to women.

Various natural phenomena are depicted as Goddesses and they are offered prayers. While quantitative analysis highlights the predominance of Indra, Agni, Varuna and other male gods, the power and stature of the goddesses is equally well established.

Women participated in all three Vedic socio-political assemblies viz. Sabha, Samiti and Vidhata. They had access to education and were even engaged in knowledge creation. They could choose to be brahmavadinis with or without matrimony.

Hence, there is no reason to believe that they were only confined to home and hearth. T. S. Rukmani attempts to understand if women had agency in early India. Her work has highlighted many interesting details. The author acknowledges the fact that though the patriarchal set up put women at a loss, there were instances where women found space to exercise their agency.

She points out that though the texts like the Kalpasutras (Srautasutras, Dharmasutras and Grhasutras) revolved around the ideology of Dharma and there was not much space to express alternative ideas, still these works also find some leeway to express ideas reflecting changed conditions.

For example, there is a statement in the Apastamba Dharmasutra that one should follow what women say in the funeral samskaras. Stephanie Jamison believes that in hospitality and exchange relations, women played an important role. She says that the approval of the wife was important in the successful completion of the soma sacrifice. In another study it has been shown that women enjoyed agency in deciding what was given in a sacrifice, bhiksha to a sanyasin. The men had no authority in telling her what to do in these circumstances.

Vedic society was the one which valued marriage immensely. In such contexts, Gender Perspectives if a woman chose not to marry, then it would point to her exercising choice in her decision to go against the grain and remain unmarried.

Mention may be made of Gargi. She was a composer of hymns and has been called a brahmavadini. This term applies to a woman who was a composer of hymns and chose to remain unmarried, devoting herself to the pursuit of learning.

Similarly, in the case of Maitreyi, she consciously opts to be educated in the Upanishadic lore and Yajnavalkya does not dissuade her from exercising her choice.

The statement in the Rigveda that learned daughters should marry learned bridegrooms indicates that women had a say in marriage. Though male offspring is desired, there is a mantra in the Rigveda, recitation of which ensures the birth of a learned daughter.

Altekar refers to the yajnas like seethayagna, rudrayajna etc. that were to be performed exclusively by women. Some of the women were known for their exceptional calibre, for example, from the Rigveda Samhita we find mention of women like Apala, Ghosha, Lopamudra, Gargi, Maitreyi, Shachi, Vishwavara Atri, Sulabha and others.

Women have not only been praised as independent individuals but also with reference to their contributions towards their natal or marital families.

The Later Vedic literature shows the progression towards a State society with a change in the organization of the society and polity. The chief comes to be referred to as bhupati instead of gopati. However, within the twelve important positions (ratnis) mentioned, the chief queen retains a special position under the title mahisi.

The importance of the chief queen continued as gleaned from several references to them in the Epics, Arthashastra and even in coins and epigraphs from early historical times.

The other Samhitas also refer to women sages such as Rishikas. The wife is referred to as sahadharmini. Brahmanas or the texts dealing with the performance of the yajna (Vedic ritual), requires a man to be accompanied by his wife to be able to carry out rituals.

For example, Aitareya Brahmana looks upon the wife as essential to spiritual wholesomeness of the husband. However, there is a mention of some problematic institutions as well.

Uma Chakravarti has pointed towards the condition of Vedic Dasis (female servant/slave) who are referred to in numerous instances. They were the objects of dana (donation/gift) and dakshina (fee).

It is generally believed that from the post Vedic period the condition of the women steadily deteriorated. However, Panini’s Ashtadhyayi and subsequent grammatical literature speak highly of women acharyas and Upadhyayas.

Thus, the memory and practice of a brahmavadini continued even after the Vedic period. The Ramayana, Mahabharata and even the Puranas keep the memory of brhamavadini alive.

Mention may be made of Anasuya, Kunti, Damyanti, Draupadi, Gandhari, Rukmini who continued to fire the imagination of the poets. Texts show that the daughter of Kuni-garga refused marriage because she did not find anyone worthy of her.

The Epics also mention women whose opinions were sought in major events. For example, after the thirteen years of exile, while debating upon the future course of action regarding the restoration of their share, the Pandavas along with Krshna asks Draupadi for her views. Similarly, when Krishna goes to the Kaurava’s court to plead the case of Pandavas, Gandhari is called upon to persuade her sons to listen to reason.

Since a woman taking sanyasa was an act of transgression, one can explore women’s agency through such instances. In the Ramayana, Sabari, who was the disciple of Sage Matanga, and whose hermitage was on the banks of river Pampa was one such sanyasin.

Such women find mention in Smriti literature and Arthashashtra. Kautilya’s prohibition against initiating women into Sanyasa can make sense only if women were being initiated into sanyasa. He advises the king to employ female parivrajakas as spies.

Megasthenes mentions women who accompanied their husbands to the forest, probably referring to the Vanaprastha stage. Another category of literature called Shastras that comprises of sutras (aphorisms) and the smriti texts (‘that which is remembered’) becomes important in the postVedic period.

These textual traditions cover many subjects relating to the four kinds of pursuits of life referred to as purusharthas (namely dharma, karma, kama and moksha). In all these texts we find very liberal values and freedom for both women and men.

The setting up of a household is seen as an ideal for men as well as women (though asceticism for learning is equally praised for both). For example, Apastambha Sutra opines that rituals carried out by an unmarried man do not please the devatas (divinities). Similarly, Manusmriti provides that ‘for three years shall a girl wait after the onset of her puberty; after that time, she may find for herself a husband of equal status. If a woman who has not been given in marriage finds a husband on her own, she does not incur any sin, and neither does the man she finds’

Thus, we see that women enjoyed choice in matters of matrimony. It is interesting to note that unmarried daughters were to be provided for by the father. In fact, daughter is stated to be the object of utmost affection. Should a girl lose her parents, her economic interests were well looked after. It was provided that from their shares, ‘the brothers shall give individually to the unmarried girls, one-quarter from the share of each. Those unwilling to give will become outcastes’

With regards to defining contemporary attitude towards women, Apastambha Sutra prescribed that ‘All must make a way for a woman when she is treading a path.’ Later Dharmashastra also makes similar statements.

Yagnavalkyasmriti mentions that ‘women are the embodiment of all divine virtues on earth.’ However, there are several provisions that look problematic.

On one hand, we have reverence assigned to the feminine (divine and worldly) and important roles being played by them, on the other hand we have questionable provisions and descriptions like right to chastise them through beating or discarding.

The post-Vedic phase from 6th century BCE onwards is also rich in literary traditions with ample depictions of women. Interestingly, we have an entire body of literature that is ascribed totally to women who became Buddhist nuns. These are referred to as Therigathas i.e. the Songs of the Elder Bhikkhunis (Buddhist Women who joined the Sangha).

The Arthashastra Gender Perspectives gives us information on women who were engaged in economic activities of various kinds. They formed a part of both the skilled and the unskilled workforce. They were into professional as well as non-professional employment.

Some of their vocations were related to their gender, while the others were not. There were female state employees as well as independent working women. Similarly, some of them were engaged in activities which though not dependent on their biological constitution are nonetheless categorized as women’s domain, e.g. domestic services etc. Some of them were actual state employees, while some others were in contractual relations with the State. For example, we have female bodyguards and spies in the State employment.

Jaiswal suggests that these women perhaps came from Bhila or Kirata tribe. Female spies were not only to gather information and relay it to proper source, but also to carry out assassinations. However, a closer look at the text shows that there were different classes of female spies engaged for different purposes. Amongst others ‘women skilled in arts were to be employed as spies living inside their houses’. Others were required to work as assassins. Some were to the play the roles of young and beautiful widows to tempt the lust of greedy enemy.

We also have various Buddhist and Jaina traditions giving us some glimpses of the ideas and institutions of the times. Apart from the orthodox (Vedic and Brahmanic) and heterodox normative tradition we have many popular texts like the Epics in Sanskrit and Jatakas in Pali.

Even Prakrit language has many interesting narratives and poetic texts. The Therigatha by the Buddhist nuns are an interesting literary source that provides us with a glimpse of various women who attained arhantship or similar other stages of Realisation.

The deliberation on the age and deterioration of the body by Ambapali, the non-importance of sensual or bodily pleasures by Nanda, Vimla and Shubha etc points towards the intellectual and spiritual engagements and attainments of women.

It is interesting to note that an absolutely contrary picture is presented by the Jatakas wherein more often than not, women are depicted as evil. It is important to note that women were given an evil aura mostly in their roles as wives or beloveds.

Both the texts and the archaeological remains have been studied by various scholars and opposing interpretations are not rare. For example, on one side Sita (from Ramayana) and Draupadi (from Mahabharata) have been seen as victims of the patriarchal order; on the other hand, they are also represented as selfwilled women.

Draupadi after the game of dice presents herself as a forceful and articulate woman. It’s her wit that saves her husbands from becoming slaves of the Kauravas. Her incensed outrage at the attack on her modesty, her bitter lamentations to Krishna, her furious tirade against Yudhishthira for his seeming inability to defend her honour and many more such instances show her to be an aggressive woman. This persona is juxtaposed to her representations as an ideal wife elsewhere. However, Draupadi is never idealised as a perfect wife who endures the most severe trials without complaint. This honour is reserved for Sita in the Ramayana. She is also presented as a victim like Draupadi and voices her concern at her fate openly. However, her aggression is directed inwards as indicated by her action against the self which culminate in her union with the mother Earth.

Are the limited number of hymns ascribed to the Vedic women a signifier of their general status? Are the goddesses merely representational with no connection to the ideas and behaviour towards women? Did only princesses choose their spouses? Are the warrior women an exception? Such searching questions need to be addressed with due diligence.

While women studies are a good development there is a need to expand the horizons to include other varieties of human existence. We have narratives of fluid sexuality in various texts. The one year of Arjuna’s life spent as Brihallana and rebirth of Amba as Shikhandi are some interesting instances. The artefacts found at the site of Sheri Khan Tarakai include visibly hermaphroditic figurines. There is a need to understand the notions of the feminine, masculine, neuter, and other forms of gender and sexual identities. These will have ramifications for understanding the ideas of conjugality, family, community, society and even polity and spirituality.

CONCLUSION

Human civilisations were built by men as well as women, however, history writing has a huge male-bias. Women were confined to questions of status and position that were largely evaluated in terms of their roles in the domestic sphere.

Their treatment as wives and widows became a central focus of most research alongside their place in ritual or religious context. This made them peripheral to mainstream history. This was questioned by various scholars from time to time and led to the development of gendered understanding of history. Focusing attention on women’s history helps to rectify the method which sees women as a monolithic homogeneous category. Writing gender history has helped in building an image of the past that is wholesome and nuanced.

Society
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Daily Current Events- 01 Aug 2016 – 20 Aug 2016

India’s Position in Atomic Energy Production:-

Steel industry seeks extension of MIP :-

Act East Policy

Various Govt. Schemes to Boost Exports:-

INDO-US Clean Energy Fund :-

Four New Ports Proposed in Country (Can be important for Mapping purposes)

Generations and Journeys – Survey and Findings :- Poor saving habit

Issues Raised by India in WTO

Impact of MES to China

Bio-Toilets Developed by DRDO

Endangered Species

Amendment in Section 309 and 377 of IPC-Decrminalizing suicide

India’s Indc Targets

Pradhan Mantri Rojgar Protsahan Yojana

Buddhist remains unearthed in A.P.

Amendments to the Maternity Benefit Act, 1961

Technology Acquisition and Development Fund

‘State of ICT in Asia and the Pacific 2016: Uncovering the Widening Broadband Divide’.

U.S. set to hand over Internet’s naming system to ICANN

Global Innovation Index: India moves up to 66th rank this year

ICHR plans encyclopedia of village folklore from across India

Tirot Sing’s Contribution to Freedom Struggle

Share is Caring, Choose Your Platform!

Recent Posts

PREAMBLE

The cost of China’s economic achievements

Ambedkar’s Dhamma

Context:-

What is LEAF Coalition?

Why LEAF Coalition?

Brazil & India

Tribes, Forests and Government

Way Forward

INTRODUCTION:-

EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935

The Government of India Act, 1935, and Other Acts

The Nehru Report(1928): First Indian Initiative to Draft Constitution

FORMATION OF THE CONSTITUENT ASSEMBLY

The Cripps Mission

The Cabinet Mission

Election to the Constituent Assembly

NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION

THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949

SALIENT FEATURES OF THE CONSTITUION

Universal Adult Suffrage and Abolition of the Separate Electorate

CONCLUSION

Context

Thus Far

The Indian Telecom Irony

Vodafone Tragedy

Vodafone+MTNL+BSNL ?

One Nation One Ration Card

INTRODUCTION

SOURCES FOR UNDERSTANDING GENDER HISTORY

GENDER HISTORIOGRAPHY

POSITION OF WOMEN IN EARLY INDIA

CONCLUSION

e-Governance and Police