Friday, December 26, 2014

Ghar Wapsi: Return to Where?

The all important question regarding  "Ghar Wapsi" is how long  the Sangh Parivar want to travel back to restore the religious affiliation and in specifying the time period whether they are arbitrarily fixing the time period or they want to go back infinitely! If we travel 3000 years back to restore the religious affiliation, then who would conduct the so called Ghar Wapsi upon whom?! 

However one thing is very clear. Everyone should have the right to convert or re-convert to any religion according to one's own conviction rather than any sort of compulsion or trickery from any quarter.

Saturday, September 28, 2013

Right to Reject or rejecting the ‘Right’?

The Supreme Court of India (27th September 2013, Friday) gave the verdict that if a person is not allowed to cast negative votes in an election, it would "defeat" the rights of the citizens as ensured by Article 21 of the Constitution and passed an order to the Election Commission of India, asking it to include the "none of the above (NOTA)" option in voting machines and ballot papers to ensure a vibrant democracy.

The bench gave the verdict on the reason that the "Article 19 guarantees all individuals the right to speak, criticise, and disagree on a particular issue. It stands on the spirit of tolerance and allows people to have diverse views, ideas and ideologies. Not allowing a person to cast vote negatively defeats the very freedom of expression and the right ensured in Article 21 ie, the right to liberty".

Unfortunately, the interpretation of Article 19 in conjunction with Article 21 of the Constitution of India by a bench of Supreme Court of India is nothing but the failure to comprehend the essence of the constitutional provisions and the very political process that brought about the constitution itself.

It has to be punctuated that the Indian Constitution is not airlifted from moon or mars, rather have been created by the political process that the nation experienced during the first half of the last century. It is to be accentuated that the constitution is the product of the endless and ceaseless agitations and political fights waged under the leadership of various political parties and trade unions ‘across time and regions’ and not the gift of anybody nor did it emanate from the revelation of any jurist or any so called legal luminary! After all, law is not a fundamental branch of knowledge but only an application of the theoretical concepts of political science, economics and other fundamental streams of social science!

Analysing the substantive questions raised by the verdict, it is quite translucent that the bench has not been motivated by the essence of and the insight provided by, the constitution. If the "right to reject all candidates" is the true embodiment of Articles 19 and 21 which give a citizen the right to criticise, disagree and freedom of expression, that very right should be made equally available to reject that very "right to reject all the candidates" itself along with all the other candidates! If that is the essence of these articles then the sequence repeats infinitely and the so called expression of disagreement will be fulfilled no more than asymptotically!

Apart from that, how does the exercise of "right to reject all the candidates" characterise and epitomise the ‘right to criticise and disagree or the right to freedom of speech and expression’? If anybody disagrees with any or all the candidates or wants to express, such very disagreement/expression is manifested through his candidature and not by any other behaviour. It is only in this manner that one individual can demonstrate the disagreement or exercise the freedom of expression. Exercising any other option as like the one suggested by the court will not amount to the demonstration of any disagreement or the articulation of any freedom of expression against any of the candidates in the fray but only add up to the rejection of the election process and eventually the political process and the constitution itself! Hence, the verdict of the supreme court, if implemented will only result in the de-politicisation of the nation building exercise and its eventual corporatisation which needs to be trounced at the very earliest.

The suggested reading material:

Paul Krugman, “A Country is not a Company”, Harvard Business Review, Jan-Feb 1996 (Page 40-51).

Tuesday, October 2, 2012

Social Networking and Privacy Concerns



The Backdrop
            Ever since the advent of internet and the associated cyber activities, questions of privacy of data have been discussed and analysed at various forums and levels.  Sometimes it is wrongly argued that social networking sites are replete with issues of privacy of data but e-mail service, use of mobile phone, internet etc do not have such issues.  At the outset it is better to have a proper understanding of the term privacy in the context of cyber activities. A clear misconception is so prevalent that the ‘unauthorised access and use of data kept private by the user’ and the ‘access and use of data made public by the user’ are wrongly considered as one and the same.
            For instance, at Face book, users may keep some data (mobile number etc) as private while some other data as public (employer details, native place etc). There will be not be any access to the former while everybody who log into Face book  can access the latter. It is simply plain that both are not same entities.  But there is a propensity to consider both as same phenomenon and whenever problems happen with them they are often wrongly referred with the term ‘privacy issues’.
            Again, with e-mail service, the contact details etc are kept as private by default but some data is made public (not by the user)  due to the lapses of software involved (like rough idea about  location from which the mail has been sent).
            As a matter of fact, in simple terms, privacy of data means the user who generated the data has complete control over its accessibility. No other person, other than the persons permitted by the original user, can access it in any manner. If access to the data is available to others who do not have the legitimate right from the original user, it would amount to lack of privacy of data.  It is also considered as an intrusion into the private data.
            On the other hand, ‘access and use of data made public by the user’ by any other person cannot be considered as an attack or intrusion into the privacy. If the data are made public by the user himself and are used by any other person even with a malicious intent, it can only be considered as ‘misuse of data’. There is absolutely no attack or intrusion into the privacy  as there was no ‘privacy of data’ even before the further usage of data! The data has been, knowingly or unknowingly, made public by the user himself and nothing is private there.  Further usage of public data by anybody else hence cannot be considered as privacy intrusion. The most that can be said about this phenomenon is that it is a misuse of data!
            To recapitulate, the ‘unauthorised access and use of data kept private by the user’ will become a privacy issue whereas the ‘access and use of data made public by the user’ by anybody else with a malicious intent will amount to misuse of data and the further ‘access and use of data made public by the user’ by anybody else with a bona fide intent will be considered as usage of data. It is worth noting the fact that ‘privacy issue of data’ and ‘misuse of data’ are two altogether different concepts.
            The fundamental distinction between ‘issue of privacy of data’ and ‘misuse of data made public by the user’ is that the former is associated with the various errors in the software used to generate and transfer data where as the latter is associated with the indiscriminate disclosure of data by the user. Theoretically, the latter has no relationship with the soft wares involved in the process. Many a times the indiscriminate disclosure of data by the user is a consequence of lack of awareness among users regarding the possibilities of misuse of revealed data. The table given below summarises the kernel of the discussion.


Sl. No.
Issue
Reason/Consequence
1
Unauthorised access and use of data kept private by the user
Errors in the software/Privacy  Questions
2
Access and use of data made public by the user by other with a malicious intent
Indiscriminate disclosure of data/Misuse of data
3
Access and use of data made public by the user by other with a bona fide intent
Use of data
  


Software Environment and Errors
            In a digital world, every digital activity is accomplished by using appropriate soft wares. Soft wares in general can be broadly categorized into three; system soft ware, programming soft ware and application soft ware. Notwithstanding these distinctions, software is nothing but a set of instructions or commands written in a particular language with an express purpose of accomplishing a specific task by utilizing the machine power of a computer.
            The most popular softwares that are familiar for the user community are operating system soft wares (UNIX, Linux, Windows, Sybian, Android et. al) and application soft wares (Office applications etc). These soft wares are often installed in the devises that we use. However, in the cyber world when we communicate or interact with others, we are taking the help of application soft wares that are not installed in our own systems. The e-mail service (provided by Gmail, Rediff, Yahoo et.al) and the social networking service (provided by Face book, Google plus, Twitter et.al) are in fact services provided by ‘application soft wares’ installed in the server computers of the providers.

            Furthermore there is absolutely no conceptual difference between the software that provides email service and social networking service. The differences between them depend only upon their differences in purpose.  The former does not provide the user any option to make the various components public where as the latter does provide options to make them public or private according to the preference of the user.
            As mentioned above software is nothing but a set of instructions or commands written in a particular language. In a broad sense, it can be likened to a document with several words, lines, paragraphs and pages. Every document contains multifarious types of errors and can be refined by continuously editing and revising it. Remember,  there is no end for the process of editing and revising as new perspectives, ideas etc emerges continuously.
            Similarly every software contain innumerable errors popularly called as software bugs caused by errors committed by the programmers in the source code and its design or caused by the compilers that generate erroneous source codes.  Some bugs make the software (system software or application soft ware) crash-prone or unstable while others make the software unsecure by wide opening pathways that could be exploited by a malicious user to bypass the access controls which eventually facilitate him to have control over the data stored in the application.
            As pointed out above, as in the case of a document, these software errors can be completely rectified only asymptotically. In simple terms it means that these software errors could be completely wiped off only after infinite number of editing and revising. In a practical sense, it implies that every software contain errors that could be exploited by a malicious user! (In the after math of Julian Assange episode it is highly wrong to refer every user who exploits the software errors as malicious user!)
            It is this unauthorized access and control over the data by a malicious user by exploiting the errors in a software, be it an operating system software or an application software,  that causes concerns of privacy. It is referred as ‘privacy concern’ just because of the reason that the data kept by the user is considered as ‘private’ and ‘personal’ to the legitimate user. Since these errors could be rectified only asymptotically, every software invariably contain errors and hence have ‘problems with respect to the security of the data’ popularly referred as ‘privacy concerns’.
E-Mail Service, Social Networking sites and Privacy Concerns
            It has been mentioned above that both e-mail service and social networking sites are provided by application soft wares running in the servers of respective providers. Since they are soft wares, just because of the reasons cited above, they invariable contain errors and are unsecure to that extend and hence have privacy issues.
            Sometimes it is argued that e-mail is secure but social networking sites are unsecure and have privacy questions attached with them. In the light of the facts narrated above it is easy to see that such arguments are made without understanding the basic and fundamental ideas underpinning software applications! If it is a software it will certainly contain errors and always prone to privacy concerns. There is no get away avenue even for the e-mail service from the questions of privacy (Any number of stories can be cited for this.). If anybody has a pathological concern towards privacy questions he must better keep away not only from social networking spaces but from e-mail service, use of mobile phone (because it also functions with the help  of software), internet surfing etc as well!
Social Networking sites, Openness and Misuse of Data
            The basic tenet of social networking is that the user must keep at least some personal information public. Otherwise it will amount only to private networking. If every data generated by the user is kept as private, in that space there would not be any scope for interaction. Hence in the social networking space users maintain some amount of personal data public.
            But once you make data public it would facilitate a malicious user to exploit and manipulate it. But even this avenue can be controlled by making appropriate changes in the ‘privacy settings’ so that the social networking space can be converted into a ‘limited networking’ space with access only to friends alone.  If the settings of access of  user data is increasingly made available within a limited circle,  the ‘limited networking’ activity would march more towards private networking!
            This is a dilemma that if access to every data is made increasingly limited to avoid misuse of data it would become ‘private networking’ where as if data is made public and ‘social networking’ is attempted it would open up avenues of misuse! As a matter of fact, this dilemma is a flimsy one and will vanish away once the user discern and realise the consequences of his own cyber behaviour. Social networking is something like talking in the public and if the misuse of whatever talked in public is to be avoided better not to talk sensitive things in public. It does not mean that you should not talk at all in public and one should talk only within home or in private. In fact, this is what every person is practising in his own daily life. 
No rational person would keep silent just because of the fear that there is possibility of misuse if anything is said in public, instead he would make use of his cerebral power and became vocal in a sensible manner! In fact the cyber world also needs a sensible person with a discerning behaviour.
Recapitulation
            Questions of privacy of data are related to errors in software and it has nothing to do with the malicious use of ‘data made public by the user himself’. The latter can be considered only as ‘misuse of data’. Since the misuse of data is made possible by the user himself by making his data public it could be easily dealt with by adopting a sensible cyber behavior.  But if anybody has  a pathological concern with the privacy of data, since it originates from the errors of a software, better not to use any cyber space or digital devise, be it e-mail, social networking, internet surfing, mobile phone etc.

Thursday, July 19, 2012

Political Interests of Abdul Kalam and the ‘Dream’ for Subservience: The Wiki leaks Expose


 Wiki leaks accessed by The Hindu (18th March, 2011) revealed that the former President APJ Abdul Kalam informed the then US ambassador David C Mulford that he too had met with the then opposition leader LK Advani to make a shift in his opposition against  Indo-US nuclear deal. This news item has indeed casted a shadow upon the integrity of the office Indian President.
According to the Article 74 of the Indian Constitution the Indian President may act according to the advice given by the council of ministers. The full text of the
Article 74 is given below:  “Council of Ministers to aid and advise President.—(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.”
Still the President have some discretionary powers but they all are related to the appointment of Prime Minister when no party have any clear majority, to explore the options of government formation when the ruling government looses majority, to disqualify a member of legislature, returning the advice of council of ministers or a bill passed by the parliament and to pocket veto (the time delaying tactics). Apart from these, nowhere it is stated that the President has discretionary powers and can engage in activities that are independent of the advice of the council of ministers or can engage in any kind of lobbying of sorts.

But the Wiki leaks accessed by The Hindu (18th March, 2011) showcased that the former President APJ Abdul Kalam informed the then US ambassador David C Mulford that he too had met with the then opposition leader LK Advani to make a shift in his opposition against  Indo-US nuclear deal.
 Why should the President APJ Abdul Kalam get worried about the political position taken by the Leader of Opposition?  The Leader of Opposition is supposed to reflect and air the views and concerns of general public and he is duty bound for that. The President is also constitutionally duty bound to ensure that all the organs and the various functionaries of the State are performing in a free and fair manner for the success of Indian democracy.  The Indian president is not supposed to lobby to change or influence the stand or position of anybody while occupying the real estate of Rashtrapathi Bhavan. And the Indian President is not supposed to divulge anything related to the opinion making process to an ambassador of any nation, let alone the ambassador of United States. 
But miserably, the former Indian president APJ Abdul Kalam, by forgetting or bypassing  all the above  mentioned  responsibilities and proprieties, engaged in lobbying of sorts and tried to influence  the then leader of opposition, LK Advani, to change his opposition against the Indo US nuclear deal for just to further  the  interests of the United States. The full text of the news coverage of The Hindu is given at the end. (See also: http://bit.ly/hjYcUa )
If the Wiki leaks accessed by The Hindu are true, it would be a highly unbecoming behavior from a person who occupied such a coveted apex constitutional position. If it is a fact, the alleged opinion making efforts from the former President would denigrate and demean the sanctity of the office of Indian President. The nation already witnessed several instances of politicking   from several former Presidents, but the cited politicking by APJ Abdul Kalam is the very first incident that came to the surface in acquiescence to the interests of a foreign nation (United States) and that too by the so called supreme commander of the nation! What a dream run for subservience in the US Kitchen!
The full text of the news coverage is given below:

U.S. plays politics for nuclear deal, woos BJP at cost of UPA coalition
Sarah Hiddleston
Washington was so keen on a nuclear deal with India that its New Delhi Embassy worked to “put Sonia Gandhi in a box” by wooing the opposition BJP and breaking the coalition with the Left parties, an Embassy cable sent on May 16, 2008, ( 154231, confidential) has revealed.
Ambassador David C. Mulford reported on a “carefully timed” approach to BJP leader L.K. Advani that he made in early May 2008. He urged Advani to “exhibit statesmanship and either back the nuclear deal or withdraw opposition to it”.

In the cable, Mulford also scripted out a rationale that the BJP could use to present its volte-face. The “possible script” included the BJP agreeing that it was a “good” overall deal and that it was “in the larger national interest,” and the possible enactment of the BJP's own Hyde Act if and when it came to power.
A new BJP posture, Mr. Mulford knew, would put the UPA in a spot: “It would … put Sonia Gandhi in a box; if she goes ahead with the deal, her Communist allies would be livid, might pull out of the coalition and possibly not have anything to do with the Congress Party post-election. If she does not go ahead with the deal, she will be seen as having let India down when it faced a crucial choice in order to stay in power for just a few more months. If Sonia goes ahead with the deal, she can call the Communists' bluff secure in the knowledge the BJP is pro-deal.”
It appeared from the cable that Mr. Advani turned down the U.S. advances at this May 8 meeting, though Mulford was later informed by Foreign Secretary Shiv Shankar Menon that Advani was “glad he came”. The Ambassador also called upon former President A.P.J. Abdul Kalam, who informed him that “he too had met with Advani to seek a shift in the BJP leader's thinking.”
“Embassy,” an undeterred Mr. Mulford told superiors in Washington, “will keep reaching out to BJP opinion shapers to see if we can provoke a shift in the party that could bring the civil nuclear issue to a head by the end of May.”

Monday, March 28, 2011

Abdul Kalam and WikiLeaks

WikiLeaks accessed by The Hindu (18th March, 2011) showcased that the former President APJ Abdul Kalam informed the then US ambassador David C Mulford that he too had met with the then opposition leader LK Advani to make a shift in his opposition to Indo-US nuclear deal. This news item has casted a shadow upon the integrity of the office of Indian President.

According to the Article 74 of the Indian Constitution the Indian President may act according to the advice given by the council of ministers. The full text of the Article 74 is given below: “Council of Ministers to aid and advise President.—(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.”

Still the President have some discretionary powers but they all are related to the appointment of Prime Minister when no party have any clear majority, to explore the options of government formation when the ruling government looses majority, to disqualify a member of legislature, returning the advice of council of ministers or a bill passed by the parliament and to pocket veto (the time delaying tactics). Apart from these, anywhere it is stated that the President has discretionary powers and can engage in activities that are independent of the advice of the council of ministers or can engage in any kind of lobbying of sorts.

But the WikiLeaks accessed by The Hindu (18th March, 2011) showcased that the former President APJ Abdul Kalam informed the then US ambassador David C Mulford that he too had met with the then opposition leader LK Advani to make a shift in his opposition to Indo-US nuclear deal. Why should the President APJ Abdul Kalam get worried about the political position taken by the Leader of Opposition? The Leader of Opposition is supposed to reflect and air the views and concerns of general public and he is duty bound for that. The President is also constitutionally duty bound to ensure that all the organs and the various functionaries of the State are performing in a free and fair manner for the success of Indian democracy. The Indian president is not supposed to lobby to change the stand or position of anybody while occupying the real estate of Rashtrapathi Bhavan. And the Indian President is not supposed to divulge anything related to the opinion making process to an ambassador of any nation, let alone the ambassador of United States. But miserably, the former Indian president APJ Abdul Kalam, by forgetting or bypassing all the above mentioned responsibilities and proprieties, engaged in lobbying of sorts and tried to shift the opposition of LK Advani against the Indo US nuclear deal for just to further the interests of the United States. The full text of the news coverage is given at the end. (See also: http://bit.ly/hjYcUa)

If the WikiLeaks accessed by The Hindu are true, it would be a highly unbecoming behavior from a person who occupied such a coveted apex constitutional position. If it is a fact, the alleged opinion making efforts from the former President would denigrate and demean the sanctity of the office of Indian President. The nation already witnessed several instances of politicking from several former Presidents, but the cited politicking from APJ Abdul Kalam is the very first incident that came to the surface in acquiescence to the interests of a foreign nation (United States) and that too by the so called supreme commander of the nation!

The full text of the news coverage is given below:

U.S. plays politics for nuclear deal, woos BJP at cost of UPA coalition

Sarah Hiddleston (The Hindu, 18th March, 2011)

Washington was so keen on a nuclear deal with India that its New Delhi Embassy worked to “put Sonia Gandhi in a box” by wooing the opposition BJP and breaking the coalition with the Left parties, an Embassy cable sent on May 16, 2008, ( 154231, confidential) has revealed.
Ambassador David C. Mulford reported on a “carefully timed” approach to BJP leader L.K. Advani that he made in early May 2008. He urged Advani to “exhibit statesmanship and either back the nuclear deal or withdraw opposition to it”.

In the cable, Mulford also scripted out a rationale that the BJP could use to present its volte-face. The “possible script” included the BJP agreeing that it was a “good” overall deal and that it was “in the larger national interest,” and the possible enactment of the BJP's own Hyde Act if and when it came to power.

A new BJP posture, Mr. Mulford knew, would put the UPA in a spot: “It would … put Sonia Gandhi in a box; if she goes ahead with the deal, her Communist allies would be livid, might pull out of the coalition and possibly not have anything to do with the Congress Party post-election. If she does not go ahead with the deal, she will be seen as having let India down when it faced a crucial choice in order to stay in power for just a few more months. If Sonia goes ahead with the deal, she can call the Communists' bluff secure in the knowledge the BJP is pro-deal.”

It appeared from the cable that Mr. Advani turned down the U.S. advances at this May 8 meeting, though Mulford was later informed by Foreign Secretary Shiv Shankar Menon that Advani was “glad he came”. The Ambassador also called upon former President A.P.J. Abdul Kalam, who informed him that “he too had met with Advani to seek a shift in the BJP leader's thinking.”

“Embassy,” an undeterred Mr. Mulford told superiors in Washington, “will keep reaching out to BJP opinion shapers to see if we can provoke a shift in the party that could bring the civil nuclear issue to a head by the end of May.”