To understand the powers of Constitutional Authorities is to understand the limitations the Constitution placed on these authorities thereby creating a system of checks and balances- between state and individual, centre and state, executive and legislature, judiciary and executive etc.

The Governor- being the constitutional head of state and an appointee by the centre- is a post that has been persistently in the news for its conflict with the state government, albeit when the latter hails from a party that is not the Bharatiya Janata Party (BJP), a parliamentary wing of the Rashtriya Swayamsevak Sangh (RSS).

One debate that consistently resurfaces whenever Indian government has tilted majoritarian –and post 2014 this tendency has been persistent and dominant– the debate around the necessity or otherwise of the institution of governor have gained momentum. There have been demands made by major political parties (in power in various states) for the abolishment of the post of the governor. Some of course, have argued for a continuation of the post. The post of Governor becomes central to public debate when there are instances of overreach, with the man or woman in position, stepping on the functional toes of the state government in power. Ironically, when there has been a need, of constitutional governance failure in states, like for instance when targeted violence against vulnerable sections is unleashed and remains uncontrolled, Governor(s) have rarely stepped in, not even with a constitutional reprimand!

As the head of executive- the governor’s powers are understood to be limited. As the constitutional head of the state, the Governor appoints the Chief Minister and the Council of Ministers on the advice of the CM, who- according to the constitution- ‘serve at the pleasure’ of the governor.

Banking on this tradition, verbatim, Kerala governor Arif Mohammed Khan has chosen the path of head-on confrontation with the government in power in the state when he went on to inform the Chief Minister of Kerala Pinarayi Vijayan that one of the state’s ministers does not enjoy governor’s pleasure to serve.[1] His peremptory and high handed ‘sacking’ of eight Vice Chancellors without serving them adequate notice now lies before the High Court of Kerala.

Other examples include the tenure of the recently elevated West Bengal Governor, Jaideep Dhankar to the even more publicly prominent post of Vice President of the Indian Union. While in seat at the Raj Bhavan in Kolkatta, his tenure there was marked with distasteful run-ins with the Trinamool Congress government, his position publicly partisan as he fell in line with the strong arms and crude designs of the Modi-Shah Centre.

Farther south to Tamil Nadu, the Governor, a former police officer, RN Ravi, has drummed up his fair share of public wrath (even in his previous stint in Nagaland) through the vocal praise of certain Central policies strongly opposed by the state government. This includes the common NEET exam and the National Education Policy (NEP). He has also delayed assent to several Bills passed by the DMK government. Besides, his views on ‘Sanatana Dharma, Aryam, Dravidian, Scheduled Castes and Thirukkural have brought him open condemnation.

There have been several more.

Given the increasingly long list of Governors breaching the state’s federal powers, it is crucial to understand the powers of the governor regarding appointment of the Council of Ministers and the limitations on such powers.

Before going into the details of the governor’s powers- it is important to understand that the governor heads the executive wing of a state- the branch that implements laws, policies etc. The Chief Minister and the council of ministers are a part of such Executive. The Legislature- another wing of the state is where laws are made. The Chief Minister is a legislator there and is accompanied by other legislators to frame laws. An understanding of this distinction is important to distinguish between a governor exercising their rightful power and evaluating any possible instances of overreach.

The phrase ‘Governor is the Constitutional Head of the State’ does not, by any stretch of the imagination, mean that a governor is the undisputed head of the state who makes decisions for the people of a state. After all, they (Governors) are nominated heads of state whereas the Chief Minister is elected. It would be undemocratic to confer greater powers on a nominal head. Since the powers that are vested in governors are wide ranging — from power to pardon to power to (formally at least) appoint the Chief Minister, it would be reductive to understand all the powers within the bounds of this article.

This article, therefore, will concentrate specifically on the power of the governor to appoint a council of ministers and whether the governor would have the power to remove ministers at his pleasure or not. First, any limitation on the governor’s power is looked at from a literal viewpoint i.e., from a plain reading of the article (in the Indian Constitution) that confers such a power on the Governor to appoint ministers and second, the limitation is evaluated after analysing judicial decisions on power of governor to ‘appoint’ or ‘remove the council of ministers.

The Governor is a constitutional head of state. For a person to be appointed as governor, he or she should be 35 years or age and an Indian Citizen. They should, at the time of appointment, neither hold any office of profit nor should they be a member of any house of the Indian parliament nor any state legislative assembly.

Who appoints the Governor?

The Governor is appointed by the President on the advice of the Prime Minister (PM). It is with the PM, therefore, that real power lies in this regard. Despite being appointed by the Centre, the governor is seen as the constitutional head of the state executive. The Governor, in this aspect, has two roles to play. One is the role of being (acting as) representative of the centre that appoints him. Second is the role of head of the executive, a role that is bestowed on him by the constitution.

Usually, when there is a ‘strong centre’ and a rebellious (read oppositional) state government, the Governor becomes an important tool in the hands of the centre to exert its muscle on the state. An example is the Governor Kumudben Joshi during the years, 1985-90 in the state of Andhra Pradesh. She toured the state extensively almost like a politician and attracted the furore of the then ruling Telugu Desam party headed by NTR.[2]

Decade long political developments and confrontations have led to a series of judicial interpretations. After a string of judicial decisions, the governor’s role has come to be understood as important but nominal. Unless there are dire situations like a national or state emergency where the need for democratic ideals and processes is trumped by the necessity to ‘protect the unity and integrity of the nation’, the governor remains a nominal head.

The Constituent Assembly debates are often instructive. The Assembly that was convened to discuss and draft a constitution for Independent India, had crucial interventions on the consequences of power overreach by the Governor. “When the whole of the executive power is vested in the Council of Ministers, if` there is another person who believes that he has got the backing of the province behind him and, therefore, at his discretion he can come forward and intervene in the governance of the province, it would really amount to a surrender of democracy,” submitted Dr. PK Sen while agreeing to the proposal that the governor should not be an elected head.[3] It was also argued in the Constituent Assembly debates that given the fact that the Governor is only a symbol, a figurehead, there would be no point in spending money in having him elected.[4]

Appointment of Council of Ministers.

Article 164 states that ministers shall be appointed by the governor.

164. Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:

Reading and understanding Article 164(1) is of importance, in order to understand the limitation on power of a governor. There are three parts to the said article.

First, the Chief Minister is appointed by the governor. It is now settled that the Governor must appoint the person who commands a majority on the floor of the house (house means the legislature) as Chief Minister. Although there have been some controversies around the Governor swearing in the CM first and then, thereafter, letting him prove his/her majority in the house, ultimately- the wisdom of the house in electing its leader has prevailed over the Governor’s discretion.

The second aspect is that the Governor appoints the other ministers ‘on the advice of the Chief Minister’. This means- governor’s ‘discretion’ has been limited by the fact that he/she has to act on the advice of the Chief Minister.

The third aspect is that the ministers shall hold office during the ‘pleasure of the governor’. The phrase ‘pleasure of governor’ would not, or does not mean, the absolute whim of the Governor. If the constitution empowered the chief minister (CM) to be a participant -a decisive one, at that- in the process of appointing a minister, it would not deter the chief minister from being a participant in removing the minister. It is implied that since it is the CM who advises the governor on whom the governor should appoint as the CM, the governor would also be advised by the CM in removing the minister. To put absolute power in the hands of the Governor would be to place a nominal head of the state above the status of an elected head while carrying out the processes of policy making, implementation and administration. Moreover, the Governor is not appointing the minister by himself. He is acting on the advice of the Chief Minister. The Governor has neither to apply his mind over appointment unless specified by the constitution explicitly nor is he to initiate removal of a minister.

Judicial Decisions on Powers of Governor

Article 163(1) first mentions the Council of ministers. It states as follows:

163. Council of Ministers to aid and advise Governor.—(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

This means except in those functions where the Governor is empowered by the constitution to exercise his discretion, his exercise of other functions shall be done on the advice of the council of ministers.

In the case of K. Rajagopal vs. M Karunanidhi, 1971– the Supreme Court held that if a legislature of a state is dissolved- that does not automatically dissolve the council of ministers. The council of ministers is a mandatory office as stated in Article 163(1).[5] This case took its reasoning from another landmark judgement in the case of UNR Rao vs. Indira Gandhi, 1971wherein the Court had to answer the question whether the Cabinet ceases to exist if the House of People gets dissolved. The court stated that there is nothing in the constitution that stops the Prime Minister from functioning when the House of People is dissolved.[6]

The court in the UNR Rao stated as follows: “But such dissolution  of the House  does  not require that the Prime Minister  and  other ministers  must resign, or cease to hold office or  must  be dismissed   by the  President, because,  Art.74(1) is mandatory  and the President cannot exercise  his  executive power  without the aid  and  advice  of  the Council of Ministers, with the Prime Minister at the head. This view is also in accordance with the conventions followed not only in the United Kingdom but in the countries following a similar system of responsible government”

In the landmark case of Shamsher Singh vs. State of Punjab, 1974 the court again reiterated the view that the governor’s function should be in harmony with the council of ministers. In this case, officers who were removed from their posts by ministers contended that the Governor ought to have removed them. The court however stated that the decisions of the ministers are to be understood as decisions by the Governor and the decisions and functioning is to be in harmony with the ministers.[7]

If the governor is not given the discretion to appoint council of ministers (Article 164(1) mandates that the council be appointed on advice of chief minister) and if his non-discretionary powers are to be exercised on advice of the council of ministers, the governor would need the advice of the council to dismiss them. The governor cannot remove the minister stating that the minister does not enjoy his pleasure anymore.

In another case, Dattaji Chirandas vs State Of Gujarat And Anr, 1998 the Gujarat High Court held that the council of ministers comes into existence the moment the CM takes oath. It stated “this Court is of the view that the moment the Chief Minister is sworn in, there comes into existence a Council of Ministers wherein more Ministers can be appointed subsequently, but till then the Chief Minister acting as the Council of Ministers is not deprived of his power and duty of aiding and advising the Governor under Article 163(1) of the Constitution. Unless there is President’s Rule, there is always a Council of Ministers in a State.”[8]

This judgement also highlights how important the council of ministers are within the constitutional set up.

Conclusion

The Governor then should act as a bridge between the state and the centre. As an institution that is appointed by the centre but paid from, by the state exchequer they are governor to, the Governor has to bear in mind interests of both the centre and state. Any overreach of power, more than what the Governor is constitutionally empowered to, would result in imbalance and chaos in the administration of the state. The council of ministers are appointed by the Governor on advice of the Chief Minister, and it would not be constitutional to allow the Governor to remove any minister arbitrarily. The process would have to be initiated by the Chief Minister.

(The author is a legal researcher currently giving his post graduate examinations)

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Sophie Zhang, the Facebook whistleblower who bravely exposed how her former employer, in a purported bid to maintain its relationship with the Indian government, did not take action against IT Cells run by various political parties who were abusing the platform to spread hate, has now pointed a finger at the Indian government itself, accusing it of ignoring her findings.

In an interview to BOOM, the fact-checking website said, “It’s been more than six months since the Lok Sabha officially wanted to invite my testimony, and refer that request to the Speaker. He has refused to respond. So effectively, it is an answer. And the answer is no.”

Zhang worked as a data analyst with Facebook between January 2018 and September 2020 when she was fired for demanding action against the multiple IT cellscomprising individuals at the helm of multiple, often fake accounts and groups, that were used to spread hate, propaganda and fake news, often so intertwined that they became indistinguishable from one another. She found that such IT cells gave regimes an “unfair advantage” over voters who could be swayed using the platform, thus rendering any electoral process just a hollow shell, democracy itself, a mere spectre.

The IT Cells accomplish all this using fake engagement to spam the target audience with the desired messaging, with the help of fake accounts or bots. Now, it is no secret the followers can be “bought”, but the way IT Cells operate it a little different from the overnight Instagram sensation who suddenly has over a million followers. Fake followers of influencers are easy to track as the rate of engagement remains low. The objective is just to bolster the follower base.

But in case of IT Cells the objectives are more sinister. The fake accounts are used to inflate the number of likes, comments and shares, thus bolstering actual engagement.It basically means that when a piece of propaganda, disguised as news, was shared, an artificial buzz was created around it to increase chatter on the subject using fake accounts.This manufactured chatter then drew attention of real people who were the original targets all along. What’s more, while the bots would only post positive or supportive comments, they would also launch an all-out campaign against anyone who posted a negative comment, essentially bullying them into silence.

Explaining the key difference between online engagement and real-world mobilisation, and why it bothers those who want to hold on to power, Zhang told BOOM, “Historically, dictators have not been able to respond when people went out on the streets. Because in the real world, there is no way for a small group of people to impersonate hundreds of 1000s of minions.”

According to Zhang she had been able to track down at least five such IT Cells when she worked for Facebook – two each allegedly affiliated to the Bharatiya Janata Party (BJP) and the Indian National Congress (INC), an done allegedly run by the Aam Aadmi Party (AAP). While she was eventually able to have four of these taken down, one belonging to a BJP MP proved to be virtually impossible to take down due to Facebook’s lack of response.

“After a certain point, the coincidence started piling up. And so, if I had to personally guess, I would say that because this person was a member of parliament, they (Facebook) did not want to hurt the relationship with the Indian government. And they did not want to say no, because they would have looked absolutely terrible to refuse to take down this blatant violation of their terms of service. And so, they did the only thing that they could, which was refused to answer,” Zhang told BOOM.

Comparing the IT Cells and their deployment in the billion-dollar election enterprise, for the democratic process is treated as nothing but a business by politicians and powerbrokers, to an arms race, Zhang said that if the rules were enforced equally for all sides, then “no side would gain an advantage,” and if all parties reached an agreement, “They might be able to agree to a unilateral disarmament.”

Facebook’s silence on the rampant abuse of its platform for spreading hate

There have been multiple allegations of abuse of social media, especially during elections, with no consequences almost always for the powerful perpetrators, even as their toxic fan base grows – the ubiquitous bots drawing in supporters, sycophants and eventually even voters indoctrinated with the message that their success depended on the ouster, nay annihilation of the “others” or “outsiders”, and only one party could ensure that.

Readers would recall how the Wall Street Journal (WSJ) had in late 2020 reported on Facebook’s unwillingness to take action against members of Bajrang Dal for abusing of its platform for spreading hate. The WSJ said Facebook had “financial and safety concerns” and that the social media giant’s internal security team had allegedly issued a warning that action against the group could result in physical attacks against the company’s personnel/facilities in India. According to the report, the tech giant also allegedly feared hurting its business prospects by infuriating India’s ruling Hindutva nationalist politicians.

CJP’s persistent efforts get lukewarm response from Facebook

Human rights defender, journalist and educationist Teesta Setalvad had also drawn attention to this ecosystem of hate while speaking at an online event organised by Real Facebook Oversight Board on January 20, 2022. Mincing no words, Setalvad had said then, “Facebook India as a platform is paying a dangerous role. Facebook has a vast clientele of 460 million plus users in English and 22 Indian languages and allows, unchecked inciteful content, that has become an unchecked instrument for targeting minorities, Dalits, women.”

Setalvad is secretary of Citizens for Justice and Peace (CJP), a human rights organization with a long and proud history of taking hate offenders to task via complaints to various judicial and non-judicial authorities. But Setalvad pointed out that complaints to Facebook seldom led to desired results. “In Oct 2018 we complained to Ms. Ankhi Das, the Public Policy Director, India, South and Central Asia, Facebook about the vandalisation of a Church in Varanasi, St. Thomas Church in the prime minister’s parliamentary constituency, by extremists, some of whom had also previously posted –on Facebook –inflammatory content targeting the Christian community. No response.”

Giving the example of T Raja Singh, who continues to spew anti-minority vvenom even today, Setalvad said, “In 2019, our HateWatch programme had analysed how one elected official of the influential ruling BJP party from a state in the south, Telangana amplified a rumour and added his own hate-filled speech on Facebook where he had half a million viewers. A year earlier, he had called for a vicious economic boycott of “terrorist Kashmiris” during the Amarnath Yatra on a video that has been viewed 3,00,000 times. Finally, he was a central figure flagged in the Aug 2020 WSJ Report on how the corporation ignored hate speech by BJP leaders in India to protect its business interests.”

When Facebook did take action, it was in essence ineffective. “By March 2021, when Facebook finally concluded that he, Raja Singh, had violated its own Community standards (Objectionable Content) and Violence and Criminal Behaviour rules, he was removed from FB. His Fan Pages with 2,19,430 and another with 17,018 followers, however continue to operate and generate provocative content,” said Setalvad. The complete text of her speech may be read here.

Related:

India’s Ecosystem of Hate: Is Facebook both, a Beneficiary and an Offender?
Facebook yet to take action against Bajrang Dal due to safety concerns: WSJ
Did Facebook just play a great Indian matchmaker and unite the Right, Left, and Centre?
After algorithm glitches Facebook CEO now talks of “operational mistake”
Delhi Govt’s Committee of Peace and Harmony to examine Facebook India’s role in Delhi riots
What is the BJP’s latest status update on Facebook?
Facebook protects hate speech by ‘regime favourites’ of ruling BJP?
 

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The petrol prices per litre have breached the century mark per litre across many metros recently. It is not the fuel price alone that is burning a hole in the pockets of common citizens. In the past year and a half, prices of several essential items have shot up drastically so much so that tens of thousands of households have their backs to the wall. Grocery store owners said their hands were tied because they were having to buy stuff from wholesalers and distributors at a much higher rate than before, suggesting hoarding. Added to this, the slowing down of the economy, unemployment, job cuts, salary cuts & the Covid-19 pandemic all make it a bitter pill to swallow for the citizen. How will our economy reach the five trillion-dollar milestone & be a Vishwaguru is in itself a million-dollar question. 

On the face of it, the Oil Manufacturing Companies’ decision to resume daily price resetting would appear to be in broad conformity with the pricing deregulation that the Centre has been intermittently committed to ever since the government of the day freed up petrol prices in 2010. However, the timing of the recent moves to raise levies and retail prices by the governments and fuel marketers, respectively, is at odds with logic especially at a point when the country is grappling with the impact of a pandemic. The aim of maximising takings from fuel products to offset shortfalls in other revenue streams can only bear fruit if the petrol and diesel off-take remain unaffected and the rising fuel bill does not end up depleting household consumption budgets. The lockdowns imposed to contain the spread of COVID-19 having severely hit business activity at all levels, the onus is on the governments — both at the Centre and in the States — to facilitate the resumption of economic activity in every manner possible. Given that diesel is the primary fuel for the vast and essential road freight sector, every incremental addition to haulage costs ends up dampening both the transport industry and wider economic revival.

How are fuel prices computed in India?

India meets its domestic oil demand mainly through imports. Fuel prices in India are revised daily based on the changing crude oil prices globally. As global crude oil prices go up, the import cost also increases. But that’s just one reason for the high retail prices. The remainder of the amount is just state and central government taxes. A major reason for the high selling price of petrol is the high levy of local taxes. The Union government levies excise duty and cess on fuel, and states levy a value added tax (VAT).

In 2010, the prices of petrol were determined by the government and were revised every fortnight. In 2014 the price of diesel was also deregulated and since 2017 prices are being revised on a daily basis. Since then, the public sector Oil Marketing Companies make decisions on the pricing of petrol and diesel based on international product prices, exchange rate, tax structure, inland freight and other cost elements, according to a response in the parliament. Some state-run companies such as Indian Oil Corporation Limited Bharat Petroleum Corporation Limited and Hindustan Petroleum Corporation Limited fix retail prices of petrol and diesel in the country.

There are mainly four factors that influence the hike in fuel prices. These are (a) Crude oil, freight and processing charges to the dealer. (b) Excise duty charged by the government. (c) Dealer commission to the gas station. (d) Value Added Tax levied by the state government.

India imports about 82% of the required crude oil for its petroleum products. Crude oil is a dark sticky liquid that cannot be used without refining. It is heated until it boils and is then separated into different liquids and gases in a distillation column. This is used to make petrol and diesel. While Brent Crude is the international benchmark price used by the Organisation of Petroleum Exporting Countries (OPEC), West Texas Intermediate is the benchmark for United States oil prices. Since India mainly imports crude oil from OPEC countries, (Iraq, Iran, Kuwait, Saudi Arabia and Venezuela) Brent is the benchmark for oil prices in India. Brent crude is extracted from the North Sea of the Atlantic Ocean whereas West Texas Intermediate is usually extracted from US oil fields in Texas, Louisiana and North Dakota.

Worldwide taxes are levied on fuel. The following figure explains this:

At present India has the highest percentage of tax on both petrol & diesel making it one of the nations with the highest dose of taxation. Taxes now comprise over 69 per cent of the pump price of the two fuels. The following table shows the value of US dollar vs. Indian rupee since May 2014.

Source: Thomas Cook website(https://blog.thomascook.in/1-usd-to-inr-from-1947-to-2020/)

The value of the Indian rupee is largely related to crude oil prices. As oil price increases, the value of Indian currency also decreases, and vice versa. The withdrawal of foreign investors from the Indian market is another contributing factor. Government debts can cause investors to lose interest in the country’s market, resulting in inflation. Factors like these may combine with several others to cause further depreciation of the INR in the future.

Now we compare the international crude oil prices per barrel which is given in the table below for the same period:

Source:(https://www.opec.org/opec_web/en/data_graphs/40.htm)

The comparative prices of petrol in some of the countries are shown in the figure below:

But it is disconcerting that over the three weeks ending June 23, 2014, the spot price of Brent Sea crude rose from around $100 a barrel to more than $115 a barrel. At present, the price of crude oil is $71.32 a barrel. The month wise price of Indian basket crude oil & the retail selling price of petrol and diesel at Delhi during 2014 are given in the table below:

Source: (Reply to RS unstarred question-1090 answered on 4th March 2015 on “Comparative prices of crude oil in 2009 & 2014)-(https://pib.gov.in/newsite/PrintRelease.aspx?relid=116436)

The table below shows the retail selling price of petrol & diesel in Delhi during 2015-16 to 2020-2021 as given by the Petroleum Planning & Analysis Cell. (https://www.ppac.gov.in/). The cut-off date for each year is April 1.

The ordinary citizen will surely then wonder how the retail price of petrol has hit the century mark. The aforesaid tables show a different picture altogether. The fuel prices in the domestic market were supposed to fall as a result. But they are skyrocketing. This is because of the governments’ unscientific taxation policy. At present, petroleum products are under excise duty & VAT. The following table shows the breakup of both petrol & diesel price in Delhi (source: IOC website) that will make the above point clear.

The excise duty for a litre of petrol has risen from ₹9.48 a litre during the previous regime to ₹32.90 a litre in the present regime. The excise duty for diesel has risen from ₹3.56 a litre to ₹31.81 a litre in the same period. The present regime is misleading citizens by saying it has to pay for the oil bonds of the previous regime. The exorbitant rise of taxes is the primary reason for the skyrocketing fuel prices in the domestic market despite a steep fall of crude oil prices in the international market. If taxation is rationalised, the fuel prices would automatically come down. The cess was meant to be used for the development of the oil sector, but this never happened. If the funds had been used for the stabilisation of prices, the recent hike could have been avoided.  In practice, petroleum products are produced in refineries in India. One can understand the case for aligning Indian crude oil prices to international prices because 82% per cent of our requirement is imported. But there is no case for applying this method to oil refining, in which India is more than self-reliant (in fact, private companies such as Reliance export petroleum products). The opposition parties have been highlighting the fact that the whole point in promoting self-reliance is to establish entities in India to act as countervailing forces that would insulate the country from high prices in the global markets. If the current pricing system continues, even if India is completely self-reliant in crude oil and refined products, the consumer would still have to pay prices that are determined globally, even if the cost of production in India is lower. This is the biggest anomaly in the system that prevails, after the dismantling of the APM. In fact, this system is loaded against self-reliance. Even when a downward trend in international fuel prices had been observed, the benefit was never passed on to the people. It was neutralised by a higher incidence of indirect taxation, at both the Central and State levels. The ability of State governments to manoeuvre is far less than that of the Centre. The oil price hike has burdened the already strained State finances and threatens to jeopardise welfare programmes run by State governments.

In a reply to an unstarred question no-4309 in the Lok Sabha on March 22, 2021, the government had to reveal the amounts in tax collection on petrol, diesel & gas as a percentage of the Gross Tax Revenue Budget Estimates; figures show how this has increased. The year wise collection from 2013-14 to January 2021 are given below contained in the annexure to the reply in Parliament:

Conclusion

While income has not gone up, expenses have shot through the roof in hundreds of thousands of Indian households. A family which spent an average Rs 2,500 per month on groceries before the pandemic is now spending Rs 4000 per month. A litre of edible mustard oil which was sold for Rs 120 has now crossed Rs 200. Such a surge in prices has impacted the buying pattern of people as well. The price rise has hit harder because the virus has robbed many of their income and stalled the income of many more. The freezing of central government employees & pensioners dearness allowance given to offset the hike in prices has also added to the overall misery. High prices are also expected to inflate India’s current account deficit. In some States such as Kerala, trawler boat owners once engaged in deep-sea fishing are staring at a bleak future with the price of diesel going continually up and loss of significant number of fishing days owing to COVID-19 restrictions. The steep rise in the price of diesel too has been a big drag on fishing operations. An analysis of LPG hike will be taken up in a separate article.

Some crucial suggestions are being offered for bringing down the fuel prices. One is that the Central government reduce excise duty and also rationalise taxes on petroleum products. Two, the State governments reduce VAT. (Recently Government of Tamil Nadu reduced the price of petrol by three rupees per litre). Three, petroleum products should be brought under GST framework: with the establishment of a price stabilisation fund that can be funded by a cess for every tonne on the oil-prospecting companies like ONGC or Oil India.

The previous government had the vision to start the Indian Strategic Petroleum Reserves Limited (ISPRL)(http://www.isprlindia.com/) in 2005 to maintain crude oil stock. The present regime is not using this even while the oil prices are rising. There are about 55 lakh metric tonnes of crude oil stocked at the ISPRL facilities. It is both strange and questionable why the present regime has not released this stock despite the oil prices going sky high.

Related:

Democracy, anyone?

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The Indian government has said it will help Afghanistan’s Sikh and Hindu community to come to India. The Foreign ministry spokesman Arindam Bagchi issued a statement on Monday confirming this: “We are in constant touch with the representatives of Afghan Sikh and Hindu communities. We will facilitate repatriation to India of those who wish to leave Afghanistan.”

The statement came in response to media queries on India’s response to the Taliban’s takeover in Afghanistan. Arindam Bagchi that the situation in Afghanistan was being “monitored on a constant basis at high levels. The Government will take all steps to ensure the safety and security of Indian nationals and our interests in Afghanistan.”

India has investments in Afghanistan worth millions of dollars in development projects. Baghchi said the Government of India had issued “periodic advisories for the safety and security of Indian nationals in that country, including calling for their immediate return to India. We had circulated emergency contact numbers and had also been extending assistance to community members. We are aware that there are still some Indian nationals in Afghanistan who wish to return and we are in touch with them.” The Indian Embassy in Kabul had in fact issued a Security Advisory for Indian Nationals in Afghanistan a few days ago.

Security Advisory for Indian Nationals in Afghanistan@MEAIndia pic.twitter.com/SMKc7uAfl8

— India in Afghanistan (@IndianEmbKabul) August 12, 2021

On August 17 External Affairs Minister Dr. S Jaishankar, who is currently in New York, posted helpdesk details of MEA Special Afghanistan Cell on social media:

“Phone number: +919717785379

Email: MEAHelpdeskIndia@gmail.com “

Given the Kabul situation, important we have accurate information about Indians there. Urge that this be provided by all concerned to the MEA Special Afghanistan Cell at:

Phone number: +919717785379
Email: MEAHelpdeskIndia@gmail.com

— Dr. S. Jaishankar (@DrSJaishankar) August 16, 2021

Baghchi in his statement had confirmed that India was in touch with “representatives of Afghan Sikh and Hindu communities. We will facilitate repatriation to India of those who wish to leave Afghanistan. There are also a number of Afghans who have been our partners in the promotion of our mutual developmental, educational and people to people endeavours. We will stand by them.” He added that the government was awaiting the resumption of flights to restart the repatriation process. The complete statement may be read here:

https://mea.gov.in/response-to-queries.htm?dtl/34184/Official_Spokespersons_response_to_media_queries_regarding_the_situation_in_Afghanistan
 

Remember the Citizenship Amendment Act (CAA)

In July this year, the Home Ministry sought an extension of time for framing the rules of the controversial Citizenship Amendment Act (CAA), which was passed by the Parliament in 2019. The CAA came into force on January 10, 2020. The reason behind calling CAA controversial is that it seeks to grant citizenship to immigrants from Pakistan, Bangladesh and Afghanistan, belonging to Hindu, Buddhist, Jain, Parsi, Christian and Sikh communities, and only excludes Muslims. President’s assent to this amendment act was followed by widespread protests calling the new amendment anti-minority and discriminatory.

Related:

Afghan crisis: Women, activists demand immediate ceasefire, protection for civilians
Afghanistan Crisis: What is India’s plan of action?
Afghan President flees as Taliban enters Kabul

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The Indian government is under the scanner as it is yet to share what its response is to the developing situation in Afghanistan. Not much is known about India’s plan to evacuate over 200 Indian citizens who are reportedly stuck in Kabul, Afghanistan.

There is curfew in the city, and according to NDTV, the citizens are unable to venture out. According to reports civilian flights have been stopped from departing Kabul airport now. Viral videos on social media showed desperate locals clinging on to US military aircrafts as they taxied on the runway. This was soon followed by images of some people falling to their deaths from the airborne planes, perhaps as soon as the craft’s landing gear which they had been clinging on to had closed. At least two people were reportedly killed when they fell off the plane as it took off from Kabul Airport.

BREAKING: At least 2 people fall to their death after holding on to a plane as it takes off from Kabul Airport pic.twitter.com/m7XU8lwo5S

— BNO News (@BNONews) August 16, 2021

In the city of Kabul, Taliban reportedly entered the Presidential Palace. It has also put journalists under the scanner and reportedly entered the compound of TOLOnews Afghanistan’s first 24-hours news television network. The Taliban forces reportedly “agreed to keep the compound safe.” 

Taliban entered the TOLOnews compound in Kabul, checked the weapons of the security staff, collected govt-issued weapons, agreed to keep the compound safe. #Afghanistan pic.twitter.com/LhuMI7Z90u

— TOLOnews (@TOLOnews) August 16, 2021

This “assurance” has also reportedly been given to Hindus and Sikhs who are in Afghanistan. According to news reports, more than 200 Sikhs are now stuck in a Gurdwara in Afghanistan. Punjab Chief Minister Captain Amarinder Singh, on Monday, urged External Affairs Minister S Jaishankar to immediately evacuate Indians stuck there.

Urge @DrSJaishankar, MEA, GoI, to arrange for immediate evacuation of all Indians, including around 200 Sikhs, stuck in a Gurudwara in Afghanistan after the #Taliban takeover. My govt is willing to extend any help needed to ensure their safe evacuation. @MEAIndia

— Capt.Amarinder Singh (@capt_amarinder) August 16, 2021

His appeal came soon after there were reports of gunfire at the Kabul International Airport reportedly to disperse crowds and allow the US plane’s takeoff. Utter chaos reigned at the Kabul airport, as massive crowds continued to stand on the runway and attempt to scramble aboard the aircrafts externally.  At least three people were reportedly killed by gunfire at Kabul airport. 

#Breaking: At least three people have been killed by gunfire at Kabul airport.

Heavy gunfight going on. pic.twitter.com/yxfVnwbMFn

— Ahmer Khan (@ahmermkhan) August 16, 2021

Video on social media shows people falling to their deaths from an aircraft that had taken off from Kabul airport, presumably having attached themselves from the outside. pic.twitter.com/9KHeiuawXj

— TOLOnews (@TOLOnews) August 16, 2021

According to MS Sirsa, president, Delhi Sikh Gurdwara Management committee and the  National Spokesman, Shiromani Akali Dal, “Taliban Leaders” have met the Sikhs and Hindus “and assured them of their safety.”

Taliban Leaders have met them and assured them of their safety. We are hopeful that Hindus & Sikhs would be able to live a safe/secure life despite political & military changes happening in Afghanistan@ANI @republic @thetribunechd @punjabkesari https://t.co/0ZIn0VQ6Pg pic.twitter.com/xImxiAV1Aj

— Manjinder Singh Sirsa (@mssirsa) August 16, 2021

Dr. S. Jaishankar, the Union Minister of External Affairs, has not made his response to the Afghan Situation public yet, but according to a report in Times Now, on Sunday,  S Jaishankar, India’s Minister for External Affairs, said that India and America’s interests may not be perfectly aligned over the volatile situation currently prevailing in Afghanistan. “We clearly have much more overlaps of interest with the United States east of India which is why the Indo-Pacific allows for a platform like the QUAD,” Jaishankar told Times Now, adding, “But, when it comes to Afghanistan, I think we have watched a lot of these decisions with a great deal of concern. Unfortunately, all that we’ve been seeing for the last few days have realized many of those fears.”

According to News18, External Affairs Minister S Jaishankar is in New York during India’s Presidency of the United Nations Security Council (UNSC). It has been reported that he will preside over “two high-level signature events on August 18 and 19. The first event on August 18 will be an open debate on ‘Protecting the Protectors: Technology and Peacekeeping’ while the second event on August 19 will be a high-level briefing on ‘Threats to International Peace and Security caused by Terrorist Acts’.”

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An online discussion titled “India’s Deep State: Is Any Citizen Safe?” that analysed “Implications of Pegasus Project, targeted surveillance, violation of privacy by Indian Gov’t” organised by Network of Women in Media, India (NWMI) and SabrangIndia, brought together domain experts and journalists to examine the veritable can of worms opened in wake of shocking disclosures in the Pegasus spyware scandal.

Brief background of the Pegasus Project

Investigations into the ‘Pegasus Project’ began four months ago, when non-profit French organisation Forbidden Stories, that supports investigative journalism, suspected that Indian journalists’ phones were targeted. They got in touch with MK Venu and Sidharth Varadarajan, founding editors of The Wire. They were among the Indian whose phones were said to be infected with the Pegasus spyware.

The Wire joined the global investigations that came to be known as the Pegasus Project which was launched by the Forbidden Stories and Amnesty International. The list of Indian ‘targets’ of the Pegasus malware that Forbidden Stories had uncovered in India, was shared with The Wire. The ongoing investigation, and forensic analysis has so far confirmed that 10 phones of journalists have been ‘fully infected’, said Venu.

Many on the list gave their phones for testing, many more are yet to do so. Fear still reigns supreme on the minds of many of those who are on the ‘list’ of those who may have been subjected to surveillance. The vulnerability runs deep, as the total number of those whose phones may be infected is higher than those disclosed so far.  

The global ‘Pegasus Project’ investigation by Forbidden Stories and Amnesty International has revealed how the citizens “deemed by their governments to be a threat” as well as their families and associates have been subjected to surveillance. Also on the list interestingly are ministers, jurists and even regular citizens. The government’s official statement has been a denial and accusing the news investigations as an attempt ‘to malign Indian democracy and its well-established institutions.’ India so far seems far from initiating an official investigation, even though West Bengal Chief Minister Mamata Banerjee has set up an enquiry committee helmed by Justice (retd) MB Lokur and Justice (retd) Jyotirmay Bhattacharya to probe the Pegasus attack.

Shocking revelations, pertinent questions

“Prashant Kishore’s phone was fully infected,” said Venu who was one of the key speakers at the online discussion organized on Monday July 26, 2021, adding that the investigation was ongoing. There is a “shocking list of army guys, a BSF general who was a part of a border system management team, a CBI director,” he added, highlighting that it was “odd that the Government was in a denial mode”. As the government has so far denied having anything to do with the Pegasus malware, and has said it has not bought it, according to Venu it has “painted itself into a corner”. 

The Indian targets, as multiple reports continue revealing names, include independent journalists, leading human rights activists, student leaders, scientists, professors, lawyers, politicians and prominent dissidents. Pegasus malware that enables remote surveillance of all models of mobile phones is sold by the Israeli-based NSO Group, “avowedly only to authorised governments, to combat terror and crime,” recalled Geeta Seshu founding co-editor of the Free Speech Collective and senior NWMI member. “We know the NSO clients were select, verified, authorised states and state agencies, including Azerbaijan, Hungary, Bahrain, Morocco, Saudi Arabia, Togo, Rwanda, Mexico and of course India,”’ said Seshu. She added that in India, the tool was used “not to combat terror or crime, but to conduct surveillance of well-known journalists, human rights activists, prominent dissenters, families of political prisoners, members of the ruling BJP, and even their house help. The tool was used to monitor the life of a woman and her family, after her complaint of sexual harassment against then chief justice Ranjan Gogoi.” Seshu asserted that over the last decade India had moved “inexorably towards becoming a surveillance state” adding that there still was no proper data protection law.

“France, Hungary, Israel, Mexico have announced enquiry. The Govt (of India) is now under pressure. It is a global issue,” said Venu, adding that “WhatsApp was also infected by Pegasus in 2019.” 

Out of the 20-21 phones of Indian journalists tested, Venu said, “10 were found to be fully infected. That amounts to a 50 percent strike-rate. As [Edward] Snowden had said that 50 percent was a significant strike rate.”

However, the official denial of any government involvement has led to another crucial question. According to Venu, as many “editorials pointed out that if the spyware was not actioned by the govt then all the more reason to investigate. It is a cyber attack by a foreign power.” Many journalists who are on the Pegasus list, may go to court.  

According to Mishi Choudhary, technology lawyer and civil liberties activist, who is the Legal Director of the New York based Software Freedom Law Centre there are “at least 500 software companies that sell spyware to oppressive regimes, worldwide”. However, even though India is witnessing a massive cyber-attack against civilians, she said the denials are coming from the government itself. Choudhary added that the civilians attacked by the malware “are those who incarnate democracy,” yet in India it is seen as “somewhat legal” as “everything in the name of digital India is online. This is a malicious software installed on devices that are now the life and blood of everything. You can’t get ration, covid vaccine without apps.”

Spyware and the Bhima Koregaon Case

Noted lawyer, human rights activist Mihir Desai connected the dots on how such surveillance, data mining, has in fact “reached planting evidence as we saw in Bhima Koregaon case.” He said the “challenge to surveillance is based on the right to privacy” and emphasised, “Law does not allow planting of evidence. In the Bhima Koregaon case, the Arsenal report mentioned that malware could have been easily detected.” Desai recalled that now “no one knows if their phone is hacked. It is real-time tapping,” and that the weak Data Protection Bill is still pending in Parliament.

“We know mobile systems are not secure. We are perhaps the only democracy that has no judiciary oversight on surveillance,” added Choudhary revealing that according to 2014 information, “around 7,500 phones were tapped every month” in India. That was the last year such information was shared. “There were three surveillance projects started under [Congress led] UPA. It doesn’t matter which party is in power, there is a desire to control,” she said, adding that a case was filed in Delhi High Court and letters written to the standing committee on IT, in 2019, however there is no news of any report on that yet. “World over moratoriums are being imposed. Face recognition is recognised as dangerous. But India marches on,” said Choudhary, adding that “surveillance is putting society as a whole in danger.”

Privacy related litigation, oversight and accountability

Apar Gupta, lawyer and Executive Director of the Internet Freedom Foundation (IFF), who has filed several petitions in the Supreme Court on Internet-related policy issues that impinge on citizens’ rights said claims by NSO that Pegasus is used to survey legitimate criminal cases has no ground. “Pegasus goes far above ‘tapping or listening’. It’s not a passive attack but a malware attack,” said Gupta adding that in his legal opinion “Pegasus is a cyber weapon” that requires multiple clearances. 

Claims by NSO group do not stand to muster, said Gupta, adding that it was in 2019 when the first tranche of disclosures was made by Financial Times reportage, that several activists were notified by WhatsApp that their phones were intercepted. They had also deposed before the IT standing committee. The then [IT] minister Ravi Shankar Prasad had not given any clear answers, instead saying in Parliament that if anyone had a complaint, they could register a criminal case. 

Gupta recalled the primary justification by NSO in the Whatsapp Facebook case against it in a California court after the 2019 leak. Whatsapp had then claimed that there was “unauthorised access” to its systems that then undermined it. Gupta read out the Pegasus product description that is an exhibit in the California case that detailed how the ‘product’ [Pegasus] is only sold to governments and state agencies.

NSO had thus claimed “sovereign impunity”, as it only entered contracts with governments. Gupta then showcased an 8 million USD consideration in a contract between NSO and the government of Ghana, and detailed that the software itself is complex and requires “physical presence” of trained experts to be installed in the first place. WhatsApp had in 2019, submitted that NSO is a third-party entity and not a “state agency” and had no claim to sovereign immunity. According to news reports, the California court ruled in favour of WhatsApp in July 2020, and the NSO’s claim to sovereign immunity was dismissed. NSO has challenged this ruling and the case is pending. 

Gupta informed that there has been a subsequent filing by “seven international digital rights organisations” including the IFF, on behalf of victims who have suffered such surveillance.

“Absence of judicial oversight makes it more dangerous,” said human right defender, journalist and SabrangIndia co-founder Teesta Setalvad. She also pointed out how the matter could take a more sisnister direction. “The National Population Register (NPR) rules give power to officials at taluka levels to declare a person ‘non-citizen’”, explained Setalvad highlighting how bureaucratic powers are used. When Setalvad asked if privacy judgements can be used in the Pegasus case, senior lawyer Desai said while one can sue a person who invades privacy, the first problem is identifying who it is asking, “How will those governments who use spyware, issue a moratorium for the same?” Setalvad raised a crucial point. She drew a connection between the need for open and free coding asking, “Why are codes in EVM not made public?” 

A viewer asked if there was a way to block this software completely? According to Mishi Choudhary there isn’t one, but everyone can “indulge in preventive behavior”. She called for a public commentary on such tools, as the surveillance “is not ending anytime soon. There is going to be a constant struggle.” According to Choudhary, the role of private companies and how various applications enable invasion of privacy, should also be remembered, “we have built tech, but we end up paying for them with our civil liberties. We have to question if the apps are really helping us.”

Gupta demanded, “Victims of Pegasus need remedy as well. They need a certain degree of apology.”

“Energies, resources need to be channeled in saying ‘stop using tech against me’. Technology is always two steps ahead of regulation. Law two steps behind regulation,” added Choudhary.

Venu asked, “Pressure needs to be brought by the Opposition and the media. We cannot have bureaucrats deciding whether a media content should be censored or not. For tapping also, why should HM decide?”

According to Choudhary there is in fact a “need for global moratorium and international pressure” to be put on governments.

However, many questions remain:

• What is the extent of this surveillance?
• At what cost, in monetary terms, was it ordered?
• Where did the funds come from?
• Which agencies of the government have been deployed to conduct it and on what grounds?
• How does this surveillance affect the democratic rights of citizens to function freely and without threat to their personal and professional security? 

“The nature of the Indian state is changing in front of our eyes. There is no accountability,” said Setalvad calling for a need for “collective action, more discussions in non-English languages” as even the regional media is worried about Pegasus surveillance and they do not have the visibility of the mainstream English media. “Fear holds people back because people can see what this regime is capable of. Collective actions required to overcome the fear,” concluded Setalvad.

The entire discussion may be viewed here: 

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Pegasus spyware trotting into ministers’ phones, who is next?
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Raising serious concerns about violations of international treaty obligations, the UN special Rapporteur and other independent United Nations human rights experts have asked the Indian government to provide details about the continuing detention of a politician, the alleged custodial killing of a shopkeeper and the two-year-old disappearance of a teenager in Kashmir. This communication from five experts, dated March 31, has been recently publicly uploaded on the website of the Office of the High Commissioner for Human Rights.

“These allegations are part of what appears to be an ongoing pattern of serious violations of human rights by police, army, security agencies and the judiciary in the Jammu and Kashmir region, warrants in our view the most serious attention on the part of the highest authorities,” said the letter to the Indian government.

Predictably, the NIA has denied the allegation of torture on PDP leader Waheed Para. The central agency had earlier said that Para had been arrested on the charge of having links with militants. Para was believed to have been in the good books of the Centre when the BJP was running a coalition government with Mehbooba’s PDP but fell from grace when the alliance unravelled in 2018.

The UN communication has coincided with Jammu and Kashmir police filing a chargesheet against Para on Tuesday in another militancy-related case. On January 9, a judge in an NIA court ruled that the anti-terror law UAPA did not apply in the case. Para was subsequently granted bail by the NIA but hours before his release on January 11, he was arrested and detained by the counter-insurgency wing of the police in a case related to providing financial assistance to a militant group. Para, who heads the PDP’s youth wing, was said to have unbridled access to the Union home ministry, to which the NIA reports, during the PDP-BJP rule.

Para is now in police custody. In their letter to the Union external affairs ministry, the UN officials have written that Para had on July 20 last year engaged with current and future members of the UN Security Council during a virtual meeting and raised alarm over the government’s actions in Jammu and Kashmir and its treatment of Muslim minorities.

“He was held in a dark, underground cell at subzero temperature, was deprived of sleep, kicked, slapped, beaten with rods, stripped naked and hung upside down. His ill-treatment was recorded. Mr Para was examined by a government doctor three times since his arrest last November and three times by a psychiatrist. He requested medication for insomnia and anxiety,” the report said.

It said Para had been subjected to “reprisal” for his engagement with the UN Security Council members and his denunciation of human rights violations in Jammu and Kashmir.

The UN officials’ report said Para had received threats following the meeting, “with the NIA indicating that he was inviting trouble by engaging in such events”. “They gave him an ultimatum that if he did not cease speaking out about the government, action would be taken against him,” it said.

Para was among thousands of people arrested in Jammu and Kashmir during the clampdown that followed the scrapping of the erstwhile state’s special status. He had been a bitter critic of the move and continued to oppose the government after his release in 2020. On November 25, he was arrested on terrorism charges by the NIA.

The communication from the UN’s working group on Enforced Disappearances and Arbitrary Detentions and the Special rapporteurs on extra judicial summary or arbitrary executions and the protection of human rights may be read  here (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26181)

An NIA spokesperson contacted by media outlets like The Telegraph said the allegations in the report were false. “The fact is that when he was in custody he was taken for medical examinations every second day. The allegations (that he was arrested as a reprisal for speaking to the UN Security Council) is also false,” she said.

The UN report also sought the government’s response on the alleged custodial death of Irfan Ahmad Dar, a shopkeeper from Sopore, last year and the 2019 disappearance while in custody of Naseer Ahmad Wani, a 19-year-old youth from Shopian.

In 2018 as secretary of Jammu and Kashmir’s sports council, Para had organised a huge gathering of sports enthusiasts for then home minister Rajnath Singh in Srinagar, a rare feat for any politician amid relentless stone throwing by locals those days. “For that (channelising the energy of the youth of Jammu and Kashmir in a positive direction), I want to specially congratulate the secretary of the Jammu and Kashmir sports council, Waheed Para. He has organised a wonderful programme here,” Rajnath had told the audience.

The communication had been undersigned by special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Nils Melzer, vice-chair of the Working Group on Arbitrary Detention (UNWGAD) Elina Steinerte, chair-rapporteur of the Working Group on Enforced or Involuntary Disappearances Tae-Ung Baik, special rapporteur on extrajudicial, summary or arbitrary executions Agnes Callamard, and special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ní Aoláin.

The UN experts, who received their mandate from UN Human Rights Council, said they had received information related to “allegations of arbitrary detention, extrajudicial killing, enforced disappearance and torture and ill-treatment committed against” related to Waheed Para, Irfan Ahmad Dar and Naseer Ahmad Wani.

According to the information received by the UN experts, Para, the People’s Democratic Party youth wing president, was arrested on November 25, 2020, three days after he filed his nomination to run for district development council elections. Para also had participated in a closed virtual meeting with “current and future members of the UN Security Council” in July 2020, where he had raised concerns about the Indian government’s actions in Jammu and Kashmir, treatment of minorities and border tensions with China.

Following that meeting, Para allegedly received threats from officials of the National Investigation Agency (NIA) that if he didn’t stop speaking against the Indian government, action would be taken against him.

 “Our concern in the case of Mr Waheed Para is heightened by the fact that his arrest and detention appear to be linked to his interaction with UN Security Council members, which would amount to acts of reprisals for such cooperation,” said the UN experts.

Last September, members of the northern Kashmir by Jammu and Kashmir Police Special Operations Group (SOG) raided the house of a 23-year-old shopkeeper, Irfan Ahmad Dar, in Sopore and detained him. The next day, his family learned that Dar had died.

The police claimed that he died while trying to escape from custody. Dar’s family contested that he died in police custody. The family also filed a petition in the high court seeking a copy of the magisterial inquiry report and FIR into the alleged custodial death.Two years ago, 19-year-old Naseer Ahmad Wani’s house was raided by a team of 44 Rashtriya Rifles (44 RR). The complaint was that Wani’s phone was allegedly being used by militant organisations.

He was beaten and taken to the police station. Since then, has family has had no news of him. The army told his family that Dar had been released, but he never returned home.

Among the eight points on which India’s clarifications were sought, the UN experts sought urgent information “on the fate and current whereabouts of Mr Naseer Ahmad Wani”.

They also asked for details of investigations into allegations made about the treatment of the three Kashmiri men. “If no investigation has been initiated, please explain why and how this is compatible with the international human rights obligations of India,” the letter said.

The UN experts also asked for information on the factual basis “justifying the recourse to terrorism related charges levied against Mr Waheed Para, and how this is compatible with the obligation to pursue counter-terrorism obligations consistent with international law as set out inter alia the United Nations Security Resolution 1373”.

They asked for clarification on whether the move was compatible with the “reasonable understanding of the definition of terrorism in international law norms including the United Nations Security Council Resolution 1566 (2004) and the model definition of terrorism provided by the mandate of the Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism”.

In the letter, the UN experts observed that these allegations are part of an “ongoing pattern of serious violations of human rights by police, army, security agencies and the judiciary in the Jammu and Kashmir region, warrants in our view the most serious attention on the part of the highest authorities”.

The UN experts cautioned that they might publicly express their concerns soon, as the public “should be informed about the implications of these allegations on the exercise and enjoyment of their human rights”.

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The Centre is considering introducing pre-installed government software in all new mobile phones, said news reports on October 3. This change would allow the government to monitor its citizens.

According to Economic Times, this proposal is part of a larger plan to establish an Indian app store independent of Apple and Google. The plan would involve adding government apps to Android phones which account for 96 percent of the country’s market.

However, this suggestion by the government also raises privacy concerns like data harvesting. India has few data protection laws as it is and the Centre has already been accused of mass surveillance via the Aarogya Setu coronavirus contact-tracing app.

The app collects a user’s location data along with their name, phone number, age, sex, profession and countries visited in the last 30 days and cross references it with the Indian Council of Medical Research’s COVID-19 database. Aarogya Setu sends this information to a government server to keep a record of all places visited by a person every 15 minutes and update their health status. Organisations like the International Freedom Foundation warned against such mass surveillance apps especially considering India’s poor privacy laws.

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