📰 The lowdown on row over Section 377
What is it?How did it come about?Why does it matter?What next?
•Section 377 of the Indian Penal Code criminalises consensual private sexual acts between adults. It came into force in 1862. Lawyers have argued that the notorious Criminal Tribes Act, 1871, which branded a number of marginalised population groups like transgenders as “innately criminal” before it was repealed, drew inspiration from Section 377. Though the 172nd report of the Law Commission of India recommended the deletion of Section 377, no action was taken. The penal provision says “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”
•In 2009, the Delhi High Court read down Section 377 to apply only to non-consensual, penile, non-vaginal sex, and sexual acts by adults with minors. In December 2013, a two-judge Bench of the Supreme Court, on appeals filed by private parties, set aside the High Court’s judgment. It upheld the criminalisation of gay sex while virtually denying the LGBTQ community the right to sexuality, sexual orientation and choice of partner. In July 2018, a Constitution Bench, led by Chief Justice Dipak Misra, re-opened the entire issue, saying a section of people could not live in fear of the law which atrophied their rights to choice, privacy and dignity.
•Arguing for 20 IITians against Section 377, advocate Menaka Guruswamy told the Supreme Court that the penal provision reduced the LGBTQ community to the status of “unconvicted felons.” Hopes of the community to lead a normal life got dashed when the Supreme Court overturned the Delhi High Court’s verdict in December 2013. But their decades-long struggle for dignity took a significant turn for the better with the progressive NALSA judgment delivered by a Supreme Court Bench, led by Justice K.S. Radhakrishnan. This verdict recognised transgender people as ‘third gender,’ possessing rights, including marriage, adoption, divorce, succession and inheritance. More importantly, it condemned discrimination on the grounds of sex as a violation of the fundamental right to equality under the Constitution. In August 2017, the fight against Section 377 got a second major boost when a nine-judge Bench of the court, led by the then Chief Justice of India J.S. Khehar, upheld the right to privacy as a fundamental right intrinsic to life and liberty. This Bench ripped apart the December, 2013 judgment. The nine-judge Bench, in its main opinion authored by Justice D.Y. Chandrachud, underlined the impact of Section 377, saying it “poses a grave danger to the unhindered fulfilment of one’s sexual orientation, as an element of privacy and dignity.” The two judgments signalled that the court was ready to change its opinion on Section 377. They became the pillars on which the petitioners based their case before the Constitution Bench.
•Section 377 criminalises a section of people for being a sexual minority. A cross-section of the people has approached the Supreme Court against the penal provision. They are not just seeking protection as sexual minorities, but recognition of characteristics inherent in all human beings. They argue that the right to sexuality, sexual autonomy and freedom to choose a sexual partner form the cornerstone of human dignity. Section 377 has a “chilling effect” on the right of equality, liberty, life, dignity and non-discrimination on the ground of sex.
•The pertinent question before the court is, what is the ‘order of nature’ meant by Section 377 in its text. Once the Constitution Bench decides that homosexuality is also an order of nature and upholds the fundamental right to sexuality, sexual orientation and choice of same-sex partners, the doors are opened for individuals to approach the court in future on the larger issues of legalising same-sex marriages, inheritance, adoption, and reservation in employment.
📰 Karnataka, where the Cauvery is in spate
•After four years of deficit rains, it is a season of plenty in the Cauvery basin in Karnataka, which has brought much cheer to farmers — and neighbouring Tamil Nadu.
How much rain has it got?
•According to the Karnataka State Natural Disaster Monitoring Centre (KSNDMC), the cumulative rainfall for Kodagu district, where the Cauvery originates, for the period from June 1 to July 19, is 1,722 mm, against the normal of 1,210 mm, an excess of 42%. The cumulative rainfall from June 1 to July 31 last year was 942 mm, against the normal of 1,547 mm, a deficit of 38%. Heavy rain in adjoining Hassan and Wayanad district of Kerala helped augment the flow to the Hemavathi and Kabini rivers. So the major dams across the Cauvery in Karnataka — Krishnaraja Sagar (Mandya district), Kabini (Mysuru district), Hemavathi (Hassan district) and Harangi (Kodagu district) — were full by the second week of July. The level in the KRS, the biggest of the four, hovered over 124.10 feet against the full level of 124.80 feet on July 20, against 78.20 feet on the same day last year.
What does it mean for farmers?
•Farmers in the region were denied water for paddy and sugarcane cultivation because of inadequate storage in the reservoirs last year. In Mandya, the paddy and sugarcane bowl of the region, the acreage under paddy shrunk from nearly 68,000 hectares to around 2,500 hectares last year because of the drought. This is set to change this year.
How much has been released?
•According to the KSNDMC, the cumulative discharge from the Kabini reservoir from June 1 to July 19 is 58 tmc ft, and it is 32.20 tmc ft from the KRS. The flow into the Mettur dam as on July 20 stood at 81.339 tmc ft. The discharge from the Mettur dam was 500 cusecs till June 30. It was 1,000 cusecs from July 1 to 18, and when the dam was opened on July 19, it was increased to 2,000 cusecs. The discharge was further increased to 20,000 cusecs as on July 20. This year, the realisation from the Cauvery has been bountiful for Tamil Nadu, though a section of farmers has questioned the decision to open the Mettur dam on July 19, believing it would affect the prospect of the crop.
•Overall, the scenario is bright and the result of good rain is that Karnataka is confident of sharing water with the lower riparian State of Tamil Nadu. Karnataka has to ensure 177.25 tmc ft in a water year (June to May), the bulk of which has to be released between June and September. The available storage in all the four dams in Karnataka was 99.29 tmc ft as on July 19. This is in contrast to the combined storage of 23.38 tmc ft on the same day last year. On the political front, the current scenario eases the position of Chief Minister H.D. Kumaraswamy to a large extent as water sharing in distress years has flared tempers between the two States. The successive governments have, in a year of distress, struggled to strike a balance in soothing farmers’ fears in the Cauvery heartland of Mandya, Mysuru, Ramanagaram and Hassan and meeting its obligation to Tamil Nadu.
What lies ahead?
•This is the proverbial calm before another storm. Karnataka is opposed to the setting up of the Cauvery Water Management Authority and the Cauvery Water Regulatory Committee, as mandated by the Supreme Court in its order dated February 16, 2018. It has decided to challenge it legally on the grounds that constituting a monitoring committee would go against the State’s interests. On the environmental front, the forest cover in Kodagu is on the decline, as per the India State of Forests, 2017, report and environmentalists fear this will have a bearing on the quantum of rainfall and water yield. Besides, there are concerns that the proposed “development” projects, including a new rail line from Mysuru to Thalassery in Kerala through Kodagu, and highway projects cutting through the district can only exacerbate the situation. With booming population and towns in the Cauvery basin, the demand for water will only increase against the declining supply.
📰 Turn on the lights and study! The National Moth Week is here
India is among 40 countries in which enthusiasts and citizen scientists are devoting the week from July 21 to 29 to document the insects
•Their lack of brilliant colours may make most moths less-noticeable than butterflies, but an international citizen science initiative hopes to change this. The National Moth Week, which encourages people to observe and document moths in backyards and neighbourhoods, is underway across the world, and India’s citizen scientists are also taking part.
•The main aim of the National Moth Week, initiated in 2012 by scientists in America, is to increase awareness on moths, said researcher Vijay Barve, India coordinator of the initiative.
•Observed in the last week of July in more than 40 countries worldwide now, enthusiasts observe moths either individually or in groups. Since moths are naturally attracted to light, some observers use ‘light traps’. The most simple version of such a trap involves shining a bright light on a white wall or screen, to which moths flock.
•Identifying most moth species can be difficult, but observers can capture photographs on their smartphones and upload them on citizen science mobile applications (such as iNaturalist) and online biodiversity repositories such as the India Biodiversity Portal (IBP).
Walks, talks
•The IBP’s Indian Moths Group has been observing the National Moth Week for the past five years. Last year, participants made over 350 observations, their 2017 report says.
•Antony P. U., a Professor at Bengaluru’s Christ College, plans to spot moths in their habitats by going on walks this year. “I will be leading groups of students and local nature enthusiasts on moth walks at Bengaluru and near Wayanad’s Mananthawady later in the week,” he said over the phone.
•Among the several events across India, the Bombay Natural History Society (BNHS) will instruct participants on how to watch and photograph moths at the Asola Bhatti Wildlife Sanctuary near Delhi, while the Community of Education, Research and Development (CERD) Foundation in J&K’s Anantnag has scheduled several talks on moths in local schools and colleges.
•“We hope this will increase awareness on moth diversity and their role in the ecosystem,” said Aabid Hussain Mir, president, CERD Foundation.
•India is home to more than 10,000 moth species, including the large and flamboyant Indian moon moth Actias selene. Important food sources for many animals, moths can be indicators of ecosystem health.
📰 Over 50 products cheaper as GST Council slashes rates
No tax on sanitary pads; rates on household appliances cut to 18 %
•The Goods and Services Tax Council, at its 28th meeting on Saturday, reduced the rates on more than 50 products, including sanitary pads, small televisions, washing machines, and refrigerators. The council also simplified the return filing process for small businesses.
•While GST on sanitary pads was cut from 12% to zero, rakhis were exempted from the tax, Finance Minister Piyush Goyal told presspersons here.
•Small televisions, washing machines, fridges and kitchen appliances such as mixers and juicers have their tax rates slashed from 28% to 18%.
•“Out of the 49 items currently taxed at the highest rate of 28%, rates on 17 have been reduced to 18%,” Pratik Jain, partner & leader, indirect tax, PwC, said in a note. “Tax rates on white goods, including small television (about 27 inch), refrigerators, washing machines, water coolers, vacuum cleaner, mixer, juicer, etc. have been reduced.”
Manufacturers’ welcome
•Consumer-durable makers welcomed the government’s move, saying it will help domestic manufacturing and create more employment opportunities, the Consumer Electronics and Appliances Manufacturers Association said.
•“This is a welcome move by the government which has come at an opportune time, when we are just about to prepare ourselves for the upcoming festive season,” said its president, Manish Sharma.
•The council also approved a simplified return filing mechanism wherein all taxpayers, excluding small taxpayers, will now file one monthly return with two main tables — one for reporting outward supplies and one for availing input tax credit based on invoices uploaded by the supplier.
•Tax filers with an annual turnover of less than ₹5 crore a year need to file returns on a quarterly basis while paying tax on a monthly basis. Finance Minister Piyush Goyal said the modalities of this would be laid out by the GST Network.
•This quarterly filing provision would exclude small traders making only a B2C supply, and those making a “B2B + B2C” supply. For such taxpayers, simplified returns have been designed, called Sahaj and Sugam.
•“Segregation of the returns for B2B and B2C categories together with the need to file returns once in a quarter for smaller businesses will improve compliance and expand the tax base,” M.S. Mani, partner at Deloitte India, said.
•“The broad-level reductions could lead to lower tax collections for the next few months, but will lead to volume expansion which could more than make up for the reduction especially as we are headed towards the festive season,” he said.
📰 Why is the WTO facing challenges?
What is the problem?
•Union Commerce Minister Suresh Prabhu last week stated that India does not subsidise its exports to the rest of the world. The Minister's statement comes in the wake of increasing criticism that financial incentives offered by the Indian government to domestic exporters are distorting international trade. Mr. Prabhu also warned that the very existence of the World Trade Organisation (WTO) is currently under threat amid the rise in trade tensions between the U.S. and its major trading partners such as China, the European Union, Canada and others since the beginning of the year. U.S. President Donald Trump is trying to narrow his country's trade deficit with the rest of the world, particularly China. The trade deficit is the amount by which the value of imports into a country exceeds the value of its exports to other countries. The U.S. believes that sops offered to Indian exporters work against the interests of American companies that are unable to match the price of subsidised Indian goods. This further worsens America's trade deficit.
Is WTO under threat?
•The WTO was formed in 1995 with the goal of regulating trade between countries through appropriate ground rules. Among other things, members of the WTO were supposed to adopt non-discriminatory trade practices that offered a level playing field for all businesses. This has, however, been easier said than done as countries have tried to favour their domestic companies. Domestic companies are generally able to lobby their governments to adopt trade practices favourable to them. In March this year, the U.S. dragged India to the WTO for failing to curb export subsidies that it argues give an unfair advantage to Indian exporters.
•The WTO had earlier allowed India and a number of other low-income countries with an income per capita of under $1,000 to offer export subsidies. India, however, broke past this threshold in 2013. The Indian government encourages exports through special economic zones and schemes like the Merchandise Exports from India Scheme (MEIS), which offer tax breaks to exporters.
What if tensions increase?
•The increase in trade tensions between countries has raised questions about the WTO’s purpose and relevance. The international trade body has been used by politicians as a forum to voice and defend the needs of various special interest groups. India’s politicians, for instance, have been keen on protecting the interests of their farmers through the minimum support price. Countries in the West have also tried to protect their farmers and industries through the heavy use of subsidies. Without these subsidies, the production and distribution of goods across the world would be determined purely based on market forces. Many critics have argued that a bureaucratic organisation like the WTO cannot fulfil the ideal of unfettered free trade between countries that can vastly improve global living standards. Instead, they argue that such a bureaucracy is likely to be captured by special interest groups whose demands will harm the free market.
What is in store?
•The future of the WTO hangs in the balance as the world slowly slips into a trade war. The biggest casualty is likely to be economic growth as tit-for-tat tariffs increase the tax burden on the global economy. The WTO’s track record in achieving free trade is also likely to come under scrutiny. Critics argue that the WTO, by discouraging competition between governments, may be preventing the tearing down of global trade barriers. In fact, they view certain export subsidies like tax breaks, which are prohibited under the rules of the WTO but employed by governments to attract businesses, as lowering the overall tax burden on the global economy. Further, according to the World Bank, the tariff rates applied between 1996 and 2008 under unilateral and preferential trade agreements have actually been lower than under the WTO’s multilateral framework.
📰 Are we ravaged by egoism?
Egoism emerges when an act disregarding others is propelled by the deeper belief that others have no value at all
•Several years ago, driving on the then wide and spacious Ring Road of Delhi, I was nearly hit by a car that dashed out from a side lane. I brought my own car to a screaming halt, sprang agitatedly towards the offender and asked him if he knew that the driver on the main road has the right of way. Completely unruffled, he replied: ‘Jo jis road par chalta hai, wahi road uske liye main road hoti hai (Whichever road one is on becomes their main road)’. At that time I used it as an example to teach my students the meaning of relativism. But it can as easily be used as an example of how people brazenly put their own self-interest before the interest of others. Already a symptom of a developing social disease then, today the malaise has deepend: there is a free reign in our society of unspeakable moral insensitivity. In short, a very worrying aspect of contemporary India is a rampaging egoism engulfing us all.
•Let me immediately allay the fears of those who suspect that the target of my attack is self-interest. It is not. Indeed, it is extremely important that self-interest be distinguished from egoism. So, it is the galloping growth of egoism that alarms me, not the legitimate pursuit of self-interest.
Self-interest
•Self-interest is the awakened attention of one’s self towards its own desires or good. This awakened attention to one’s own good may lead one to desire it when it is absent, to actively pursue it in order to attain it, and to have positive feelings when it is achieved. There is clearly nothing wrong in this. Indeed, we want people to recognise their interests and pursue them with care and concentration. We reprimand a diabetic parent who eats sweets on the sly, a child who does not wash his hands before dining or who does not study before an important exam. Not knowing one’s interests or failing to pursue them appropriately is hardly a virtue.
•Indeed, we not only need to pay heed to our self-interest but keep enriching it. We need to discriminate between what is good for us and what we happen to currently desire; to attend to our real self-interest; to recognise, for instance, that it is unhealthy to regularly consume fast food and therefore inappropriate to even want it. And to switch instead to a home-cooked, balanced diet.
•But what if my self-interest, rich or poor, conflicts with the interests of others? Isn’t egoism just this: the pursuit of self-interest at the expense of others? Is this the problem of rampaging egoism — that all of us are currently pursuing our own interests disregarding the interests of others? Not quite. Why?
Egoism
•Egoism is a pathological by-product of modern reason, a rationally evaluated perspective for which the only entity in the world that matters is one’s own self. All other persons are entirely worthless, without any value. And it comes in two forms. If the self coincides with one person, we obtain individual egoism. If it extends and encompasses several persons, then we have communitarian egoism. Such egoism may focus on the family, the caste, or a linguistic, religious or national community. For communitarian egoism, only my community has value; other communities are entirely worthless.
•This should immediately clarify that a person pursuing self-interest even when disregarding others is not necessarily an egoist. An egoist’s disregard for the interests of others is different from the non-egoist’s. The difference is this: egoism emerges only when an act disregarding others is propelled by the deeper belief that others have no value at all. The self-interest of two persons who recognise each other’s value may conflict but such conflicts can be resolved or reconciled because deep down they share a moral framework. But the egoist is numb to others; he altogether lacks a moral dimension.
•In fact, the pursuit of self-interest can even serve justice. Let me offer some examples to illustrate my point. An apple is placed before Alok and Neel. Alok already possesses six apples and wants the seventh. Neel has none. Both Alok, who is clearly greedy, and the needy Neel want the apple. But Neel, disregarding the current interests of Alok takes it. Though Neel has successfully pursued his self-interest at Alok’s expense, he is not an egoist. Take another example. Ram and Ravi are travelling in a compartment of a fast moving train. Neither can leave the compartment. Ravi lights a cigarette. Ram suffers from asthma and so requests Ravi to stop smoking but to no avail. Ram snatches the cigarette from Ravi and throws it out of the window. He has acted protecting his interest, disregarding the interest of Ravi, but he is not an egoist. These are not fanciful examples of philosophers. The poor who suffered in, say, the Odisha cyclone and looted food reserves of local baniyas because of the complete breakdown of the public distribution system can hardly be called egoists.
•So, what is worrying about our current socio-cultural malaise is this: there are lots of people amidst us acting against others to not only realise their self-interest but to brutally convey that others are altogether worthless. What else is conveyed by the callous indifference to children dying out of neglect in hospitals, by an 80-year-old swami being kicked and abused, by the collective savagery of the rape of little girls, and lynching of innocents by feral mobs?
