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THE HINDU: Towards a law for Good
Samaritans
The fear of getting
embroiled in a police investigation and being subjected to the rigours of legal
procedure often deters bystanders from getting involved in the rescue of
accident victims. The Karnataka
government’s decision to frame a ‘Good Samaritan law’
as part of an effort to encourage
people to offer assistance without the fear of any criminal or civil liability,
is a step in the right direction. The governments of other States and Union
Territories such as Rajasthan and Delhi are also in the process of drafting
similar Bills. In the absence of national legislation on the subject, in
October 2014 the Supreme Court directed the Union government to frame
guidelines for the protection of ‘Good Samaritans’, or helpful bystanders, and
a Standard Operating Procedure to make them work. The Union Road Transport
Ministry notified the guidelines
in May 2015, and followed it up with a Standard Operating Procedure in January
2016. The crux of the guidelines is that no bystander rushing to the rescue of
an accident victim should be subject to civil or criminal liability and/or be
forced to be a witness. Any disclosure of personal information or offer to be a
witness, in the event of the Good Samaritan also being an eyewitness to an
accident, ought to be voluntary. Further, the examination of such a volunteer
as a witness shall be done only on a single occasion and without harassment or
intimidation. State governments may also institute a system of reward and
compensation to encourage more bystanders to be Good Samaritans, and initiate
action against officials or police personnel violating these guidelines.
The
SaveLife Foundation, a voluntary organisation that moved the Supreme Court in
2012 and obtained an interim order on the need to frame guidelines to protect
the interests of Good Samaritans, has been campaigning for a comprehensive law.
The court has reserved judgment on giving directions to the Union government
and the States until a law is in place. The question then arises whether a
Central law or State-specific laws will adequately meet the purpose of Good
Samaritan protection. A private member’s Bill is pending in Parliament, and
SaveLife has also submitted a draft. As the matter concerns the police,
hospitals and road transport officials, besides the magistracy, it may be more
effective if the State governments frame their own Acts. The need for statutory
backing to guidelines and operational procedures is quite obvious. Studies have
shown that a large majority of citizens are deterred from responding to an
accident victim’s distress for fear of getting into legal tangles. Some
countries have Good Samaritan laws that do not impose any positive obligation
on bystanders but afford protection to acts done in good faith by volunteers in
an emergency without looking for recognition or reward. For a country that saw
over 1,41,000 fatalities on its roads in 2014, India must do everything
possible to encourage more citizens to get involved in the rescue of accident
victims, especially during the ‘golden hour’ that can make the difference
between life and death.
Sa·mar·i·tan
A charitable or helpful person
(with reference to Luke 10:33).
em·broil
Involve (someone) deeply in an
argument, conflict, or difficult situation.
by·stand·er
A person who is present at an
event or incident but does not take part.
crux
The decisive or most important
point at issue.
dis·clo·sure
The action of making new or
secret information known.
in·tim·i·da·tion
The action of intimidating
someone, or the state of being intimidated.
de·ter
Discourage (someone) from doing
something, typically by instilling doubt or fear of the consequences.
THE HINDU: Distorted discourse in Assam
Over 19.8 million voters
in Assam are eligible to exercise their franchise in the two-phase polls on April 4 and
April 11 to elect its 126-seat
Assembly. The Assam election assumes importance this time round because of two
interlinked reasons. Arguably, it is the only one among the clutch of States
going to the polls where the Bharatiya Janata Party, a marginal player in West
Bengal, Kerala and Tamil Nadu, has a realistic chance of grabbing power. The
verdict in the State will be a barometer of the extent to which Prime Minister
Narendra Modi has been able to retain his appeal. It propelled him to power at
the Centre in 2014 and helped the
party pick up an unprecedented seven out of 14 Lok Sabha seats in Assam, but the Assembly elections
in Delhi and Bihar thereafter put the brakes on the BJP’s momentum. As with
Delhi and Bihar, where Arvind Kejriwal and Nitish Kumar went into the campaign
as strong chief ministerial candidates, the BJP is up against a formidable
local leader, the three-time Chief Minister Tarun Gogoi of the Congress. Mr.
Gogoi has striven hard to convert this into a ‘CM versus PM’ face-off, but the
BJP announced Union Minister for Youth Affairs and Sports Sarbananda Sonowal as
its chief ministerial nominee as early as in January. Nonetheless, the Modi
factor will be crucial for the BJP in Assam because the scale and depth of the
party organisation in the State are not commensurate with its Lok Sabha
harvest. Alliances with regional
parties such as the Asom Gana Parishad and
the Bodoland People’s Front have served to fill some gaps, rendering the
election a three-way contest between the BJP-led front, the Congress, and
Badruddin Ajmal’s All India United Democratic Front (AIUDF).
While
national issues, including the ongoing debate over nationalism, have found a
resonance in the campaign, local issues are paramount. The nature of electoral
democracy has, however, distorted the State-level issues at play. The
achievements or otherwise of 15 years of uninterrupted Congress rule in a State
that brings up the rear on most human development indices find marginal mention.
What is centre-staged is the insider-outsider binary, with the BJP-led alliance
projecting itself as a grouping of ‘sons of the soil’ pitted against an evasive
Congress, and an AIUDF that seeks to protect the interests of ‘illegal
Bangladeshis’. Such rhetoric not only glosses over the nuanced reality of
migration in Assam but also threatens to sharpen the religious lines in a State
where over 34 per cent of the population is Muslim. Having largely left its
troubled days of separatist and ethnic militancy behind over the course of Mr.
Gogoi’s terms in office, the State cannot be allowed to be cleaved along
ethno-religious lines for political gains. As campaigning reaches fever pitch,
all parties ought to steer the discourse back to weightier issues of development
and social harmony, instead of attempting to cobble up numbers based on ethnic
and religious identities.
dis·tort·ed
Pulled or twisted out of shape;
contorted.
clutch
Grasp or seize (something)
tightly or eagerly.
ba·rom·e·ter
An instrument measuring
atmospheric pressure, used especially in forecasting the weather and
determining altitude.
pro·pel
Drive, push, or cause to move in
a particular direction, typically forward
for·mi·da·ble
Inspiring fear or respect through
being impressively large, powerful, intense, or capable.
strive
Make great efforts to achieve or
obtain something.
com·men·su·rate
Corresponding in size or degree;
in proportion.
res·o·nance
The quality in a sound of being
deep, full, and reverberating.
gloss
Shine or luster on a smooth
surface.
nu·ance
Give nuances to.
cob·ble
Repair (shoes).
BUSINESS STANDARD: Auditing Aadhaar
Now
that a law is being put in place to validate the Aadhaar programme, the focus
must shift to the rules which will be framed under it to work the system. It
has to be ensured that these rules reflect the spirit and content of the new
law. In scrutinising the rules, three primary issues will have to be kept in
mind. One is the assurances given to protect the privacy of individuals, so
that data relating to their identity are not misused or fall into the wrong
hands. The Aadhaar authority will obtain individuals' consent for sharing the
data while carrying out fresh registration. It is interesting to speculate if
an individual can give consent for her identity data to be shared with
ministries distributing subsidies for things like food and kerosene, but not
the home ministry whose job it is to identify potential security threats.
Further, can the Aadhaar authorities tell a ministry that it can use the data
itself but not pass them on to another ministry? As is clear from what the head
of Aadhaar has told this newspaper, a suitable mechanism for auditing the
operations of Aadhaar to track when and for what purpose its data are shared
with others is necessary. This should not be seen as paranoia, but as trying to
make sure that when a new system is being set up, it is done the right way.
The second issue is authentication. For Aadhaar to succeed in transferring benefits to the deserving poor, the primary concern must be to ensure that people who are illiterate and in far-flung areas should not be left out because they are unable to participate in a technical process. What happens when there is no electricity or internet connectivity in a truly remote area? Currently a ration shop owner in such a place can look at a ration card and deliver. But what happens when authentication via Aadhaar fails because of lack of connectivity? The head of Aadhaar has told this newspaper that a technology option that can be examined is the use of a "one-time password" received over a cellphone (the national network coverage is now extensive). This very usefully takes forward meeting the authentication challenge for all. Then, of course, there is the physical Aadhaar card which should be useful in case all else fails in ensuring authentication. Today's technology frontier offers one other option. If a Wi-Fi network covers the entire country, then using a data connection to secure authentication will not be a hurdle anywhere.
The third issue to sort out is about the Aadhaar authorities getting paid for the use of the process or data by private players. Microfinance organisations, for example, prefer to lend only to people with two identifications, one of them being Aadhaar. Can an individual ask for a share of the revenue that Aadhaar earns by allowing use of her individual data? Even more interestingly, can the Aadhaar authorities charge a fee from private developers of apps which seek to extract value from the Aadhaar data base? These open questions must be deliberated upon openly and transparently by the authorities concerned even as the operational details for implementing Aadhaar under a new legislative framework are finalised.
The second issue is authentication. For Aadhaar to succeed in transferring benefits to the deserving poor, the primary concern must be to ensure that people who are illiterate and in far-flung areas should not be left out because they are unable to participate in a technical process. What happens when there is no electricity or internet connectivity in a truly remote area? Currently a ration shop owner in such a place can look at a ration card and deliver. But what happens when authentication via Aadhaar fails because of lack of connectivity? The head of Aadhaar has told this newspaper that a technology option that can be examined is the use of a "one-time password" received over a cellphone (the national network coverage is now extensive). This very usefully takes forward meeting the authentication challenge for all. Then, of course, there is the physical Aadhaar card which should be useful in case all else fails in ensuring authentication. Today's technology frontier offers one other option. If a Wi-Fi network covers the entire country, then using a data connection to secure authentication will not be a hurdle anywhere.
The third issue to sort out is about the Aadhaar authorities getting paid for the use of the process or data by private players. Microfinance organisations, for example, prefer to lend only to people with two identifications, one of them being Aadhaar. Can an individual ask for a share of the revenue that Aadhaar earns by allowing use of her individual data? Even more interestingly, can the Aadhaar authorities charge a fee from private developers of apps which seek to extract value from the Aadhaar data base? These open questions must be deliberated upon openly and transparently by the authorities concerned even as the operational details for implementing Aadhaar under a new legislative framework are finalised.
scru·ti·nize
Examine or inspect closely and
thoroughly.
hur·dle
An upright frame, typically one
of a series, that athletes in a race must jump over.
de·lib·er·ate
Engage in long and careful
consideration.
INDIAN EXPRESS: Shooting
the messenger
The arrest of Prabhat Singh, a
Dantewada-based journalist, by the Chhattisgarh police, merely on the basis of
an “obscene message” about a senior officer posted on WhatsApp, smacks of
government highhandedness that can actually be counterproductive in conflict
zones. This follows similar arrests of two other local journalists — Santosh
Yadav and Somaru Nag — last year on vague charges of working for Maoists, which
have not been proved. Equally disturbing was the case of a journalist
working for Scroll.in, Malini Subramaniam, being forced to leave Jagdalpur last
month, after being handed an eviction letter by her landlord. This apparently
came after the landlord had himself been called to the police station and asked
to do the needful. That all this was preceded by anti-Maoist vigilantes holding
demonstrations and resorting to stone-pelting outside Subramaniam’s house —
accusing her of being a Naxalite sympathiser — and the police taking two
days to even register a complaint made the state administration’s intent all
the more clear.
In all these cases, the immediate cause
of concern is the safety of the individuals concerned. Singh, for instance, has
alleged that he was assaulted in police custody when he was presented in a
local court. Subramaniam, who had been reporting on police excesses and
atrocities on tribals in Bastar for the past five years, was actually living
there with her daughter. But what is more alarming about these developments is
that they seem to be part of a growing trend of journalists being hounded while
reporting from conflict zones. Inspector General (Bastar Range) S.R. Kalluri
has gone as far as even stating, “We don’t care about the national media. You
have a different way of looking at things. We work with the media in Bastar
that sits with us, eats with us, and comes in helicopters with us.”
This approach of shooting the messenger
and trying to distinguish between the “national” and “local” media — which does
not apply to Singh or Yadav in any case — or the state police authorities
having time only for “patriotic journalists” is ultimately not good even for
the fight against insurgency. The battle against Maoists or any extremist group
is no less about winning the hearts and minds of the local people. If
journalists are made to cower and report only the “patriotic” bits, it not just
amounts to undermining the freedom of the press but also adds to the sense of
alienation among the locals for whom the media is a means of being heard.
ob·scene
(of the portrayal or description
of sexual matters) offensive or disgusting by accepted standards of morality
and decency.
smack
A sharp slap or blow, typically
one given with the palm of the hand.
vig·i·lan·te
A member of a self-appointed
group of citizens who undertake law enforcement in their community without
legal authority, typically because the legal agencies are thought to be
inadequate.
ac·cus·ing
(of an expression, gesture, or
tone of voice) indicating a belief in someone's guilt or culpability.
as·sault
Make a physical attack on.
a·troc·i·ty
An extremely wicked or cruel act,
typically one involving physical violence or injury.
hound
Harass, persecute, or pursue
relentlessly.
insurgency
An organized rebellion aimed at
overthrowing a constituted government through the use of subversion and armed
conflict
cow·er
Crouch down in fear.
THE Dawn: Trade policy
THE
three-year Strategic Trade Policy Framework for 2015-2018 announced by the
Nawaz Sharif government has everything but a strategy and a framework.
It makes many wonder as to why the announcement was held up for
nine months if it was just going to be a rehash of incoherent and random
proposals, mostly borrowed from previous policies.
When the government began to formulate the new policy framework
to make it easier for businessmen to import and export, stakeholders believed
that it would be different from the last one and address the bigger issues
affecting Pakistan’s foreign trade and its export competitiveness.
Some even thought that the new trade policy might provide the
stakeholders an umbrella structure required to integrate the country’s economy
into the global supply chain. Instead, we have got a hodgepodge of raw ideas in
the name of a strategic framework.
Perhaps the stakeholders were wrong in their assessment of our
policymakers’ commitment and ability to produce a document offering innovative
ideas that could help this country become a reliable link in the global trade
regime and realise its true economic potential
Apart from its excessive focus on setting an ambitious target,
the framework doesn’t explain how the government plans to increase exports by
almost half — from $24bn to $35bn by 2018.
The very idea that giving annual cash handouts of Rs6bn (on new
investment and technological upgradation) to industries like pharmaceuticals,
leather, sports goods, surgical instruments, etc and rice farmers will push
exports even a little bit in such a small period of time is preposterous.
The commerce minister who had claimed so at the time of the
launch of the framework appears to be cut off from reality. Nor does anyone
actually believe that the government will deliver on its promises.
Pakistan’s share in the global markets is declining by a little
less than 2pc every year, and the trend will continue to hold without the
government addressing the real issues: high cost of doing business, market
access and competitiveness.
Indeed, the framework pledges to resolve these issues, but it
doesn’t elaborate on what route the government plans to take to achieve its
goals. The previous policy failed to achieve its targets.
The fate of the new one will not be any different unless an
independent umbrella authority is created to facilitate international trade,
coordinate with the relevant ministries and put the country on the path of
export-led growth and integrate its economy into the global supply chain.
re·hash
Put (old ideas or material) into
a new form without significant change or improvement.
in·co·her·ent
(of spoken or written language)
expressed in an incomprehensible or confusing way; unclear
hodge·podge
A confused mixture.
pre·pos·ter·ous
Contrary to reason or common
sense; utterly absurd or ridiculous.
e·lab·o·rate
Involving many carefully arranged
parts or details; detailed and complicated in design and planning.
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