Wednesday, January 6, 2021

Kashmiris and High-Speed Internet: A Tragic Love Story

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Vaishnavi Krishna Mohan

Article Title

Kashmiris and High-Speed Internet: A Tragic Love Story

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Global Views 360

Publication Date

January 6, 2021

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People Protesting in Kashmir

People Protesting in Kashmir | Source: Countercurrents

Over sixteen months have passed since the India’s government imposed a ban on high-speed mobile data services in Jammu and Kashmir with the exception of two districts—Ganderbal and Udhampur. This ban has been extended. On 25th December, an order was issued by J&K administration stating that the ban has been extended till Jan 8, 2021. On August 5th, 2019, the central government abrogated Article 370 and Article 35A and mobile internet services were temporarily suspended due to security reasons. However, the suspension of high-speed mobile data services is not seeing an end. This has taken a toll on several businesses and students especially during the pandemic.

Iqra Ahmed—a fashion designer—took over four years to build her fashion brand online. Her clothing brand, Tuv Palav had a great recognition online through social media where Iqra had over 50,000 followers. She used Instagram to promote Kashmiri clothing. In August 2019, when the government revoked the erstwhile state’s constitutional autonomy, the valley saw a communication blackout and Iqra lost a large portion of her customer base. About 5 months later, 2G internet was partially restored, that is in Jan 2020 but social media services like Instagram were still inaccessible.

Iqra Ahmed, fashion designer from Kashmir | Source: Gyawun

In desperation, Iqra and many others like her opted to use Virtual Private Network, or VPN.

VPN allows users to hide their location while browsing the web, effectively helping in circumventing the ban. Kashmir saw a sudden surge of interest in VPN applications a few months after the ban.

According to several residents of Kashmir, the use of VPNs created a tension between civilians and the army. In several regions of South Kashmir, Army personnel allegedly checked the phones of youth for VPN apps. If any such apps were found, the youth were either thrashed or their phones were seized and they were bullied and harassed to collect it from the army camps.

“I was traveling to Shopian (district in J&K) when our cab was stopped at a checkpoint. The army man asked the guy sitting beside me how many VPNs he has on his phone. The guy replied none. ‘You better not have VPNs, otherwise, you know what we will do,’” Shefali Rafiq, a local girl, narrated her experience on Twitter. Using VPN was not a choice made for entertainment but one that was made out of desperation. Several people hadn’t seen the faces of their sons, daughters, parents, siblings and other family members living away from Jammu and Kashmir in months.

For instance, 61-year-old Shameema Banoo hadn’t seen her younger son in over 6 months. Parray, her younger son works at Riyadh, Saudhi Arabia as a hotel manager. “Last time on the evening of August 4th, I saw him through a video call. It was only after six months, on 5th of February, that my elder son brought a VPN application in his phone, by which I got connected with my beloved son,” said Shameema with tears and a smile.

However, several Kashmiris were unaware about the security issues that come with free VPNs. Hackers have breached the bank accounts of several people across the valley. In some cases, when users used VPNs for e-banking, hackers have also managed to withdraw their money. Surfshark, a UK based VPN company conducted a research on free VPNs which revealed that these VPNs can potentially jeopardize more than just user browsing history. Free VPNs build a profitable business model by selling user information to bidders which includes government agencies or authorities. In some cases, third parties were directly allowed to access user information. On the grounds of their study, Surfshark stated that free VPN service providers were culprits of user data abuse.

The people of Kashmir seemed to be unaware of these issues. People who travelled outside Kashmir, came back with seven to eight VPNs as backups as authorities were blocking and barring VPNs every day. The government also cracked down VPN users by filing an open FIR under which over hundreds of suspected users were probed and arrested several for allegedly misusing social media to promote “unlawful activities and secessionist ideology.”

On 4th March 2020, use of social media was legalized in Jammu and Kashmir. Kashmiris didn’t forget about those who supported them during the times of restriction. Kashmiris have developed a strange love for VPN developers past the customs of law. They showed their hospitality and gratitude to all VPN developers. Among several VPNs, LetsVPN was widely used. Kashmiris expressed their kindness by sending chai samovar, a bundle of kangris sonn sund pond (golden coin), besrakh tooker (a basket of sweets) and other gifts to the Canadian based creator of LetsVPN. These are the items that are usually sent by the bride’s family to the to-be in laws as a token of respect.

Another user shared on twitter that the experience of using VPN applications was similar to the Islam holy month of Ramzan, at first, a little hardship is endured but as the days go by, one gets used to it and after the month is over, it is missed badly and dearly.

However, Kashmiris haven’t met their happy endings yet. The ban of high speed mobile data is taking a toll on students. Several students have missed an entire online semester and were even unable to take their exams. Several students wrote to the union education minister, Ramesh Pokhriyal voicing their concerns about the apathy that universities all over India expressed toward the students of Kashmir.

Rashida Bashir, a 20-year-old sociology student from Jamia Millia Islamia, New Delhi said that she and some of her friends were not able to join classes using 2G. “How can we appear in the online examination without any issues?” she questioned. She expressed that JMI asked the students to ensure high-speed, uninterrupted internet connectivity and also that owning a laptop was considered a necessity. She further stated that the students were asked to ensure that they have uninterrupted electricity while taking the exams. She mentioned that everybody did not own a laptop or WiFi connection and she mentioned that Handwara, North Kashmir, her place of residence experienced frequent power cuts.                                                                                  

“My classmates are privileged as the internet comes easy for them. But I have to go through a lot of issues and I’m suffering” said Masoodi. Durdana Masoodi, a student from Miranda House, Delhi said that she reached out to one of her professors for help who understood her problem and agreed to send her the lecture notes. However, that did not resolve the problem. It isn’t easy to download notes on the internet either. Anything over file size one-megabyte would take over an hour to download.

Many students, especially girls in Kashmir dropped out after 10th and 12th grade due to the pandemic which coincided with ban of high-speed internet. Students from Kashmir urged their schools and universities to scrap the autocratic decision to conduct online proctored examinations. They requested the union education minister and universities to consider their situation and sought help to resolve this issue.

It is important to deploy high level of security measures in J&K due to long standing issues with Pakistan and current impasse with China. However, the government must also consider the fact that education of students, careers of many, and livelihood of the people during this pandemic is at stake due to the ban on high speed internet. It should also understand that throttling the internet in J&K, instead of strengthening security, may prove to be more of a security threat by further alienating the people who are adversely impacted by it.

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February 4, 2021 4:39 PM

Bedrock of US Democracy: Checks and Balances of Governing Branches

When the American Revolution ended in 1783, the United States Government was in a state of flux. The founding fathers (George Washington, Thomas Jefferson, Benjamin Franklin, John Adams, Alexander Hamilton, John Jay, and James Madison) did not want to establish another country that was ruled by a king. The discussions were centered on having a strong and fair national government that protected individual freedoms and rights and did not abuse its power. When the new Constitution was adopted in 1787, the structure of the infant government of the United States called for three separate branches of government, each with their powers and systems of checks and balances. This would ensure that no one branch would become too powerful because the other branches would always be able to check the power of the other two. 

The legislative branch is described in Article 1 of the US constitution. It has 100 US senators (two for each state), and 435 members in the House of Representatives, which is better known as the US Congress. Making laws is the primary function of the US Congress, but it is also responsible for approving federal judges, US Supreme Court justices, passing the national budget and declaration of war.

The executive branch is described in Article 2 of the US Constitution. The leaders of this branch of government are the President and the Vice President. They are responsible for enforcing the laws the Congress sets forth. The President works closely with a group of advisors known as the Cabinet. They assist the President in making important decisions within their areas of expertise, like defense, the treasury and homeland security. The executive branch also appoints government officials, commands the armed forces, and meets with leaders of other nations. 

The third branch of the US government is the judiciary and is detailed in Article 3. This branch comprises all the courts in the land, from the federal district courts to the US Supreme Court. These courts interpret the nation's law and punish the ones who break them. The Supreme Court settles disputes amongst states, hears appeals from states and federal courts and determines if federal regulations are constitutional. 

Separation of powers in the United States is the backbone of the Checks and Balances System which provides each branch of the government with special powers to check the other branches and prevent any branch from becoming too powerful. Congress has the power to make laws; the President has the power to veto them, and the Supreme Court may declare the laws as unconstitutional. If both the houses of the Congress have a ⅔ majority, they can override the President's veto. The idea of checks and balances is that it is not enough to separate the powers and guarantee the independence of three branches but also that each branch needs to have the constitutional means to protect the system in case of overreach by any other branch. 

 The Check and Balances system also provides the branches with special powers to appoint or remove members from other branches. Congress (Senate and House of Representatives) can impeach or convict the President of high crimes like bribery or treason. The House of Representatives has the power to bring impeachment charges against the President, and the Senate can convict and remove the President from office. Supreme Court candidates are appointed by the President and confirmed by the Senate. Judges can also be removed by impeachment in the House of Representatives and conviction in the Senate. 

The legislative branch, which consists of the Senate and House of Representatives, passes bills, controls the federal budget, and has the power to borrow money on credit on behalf of the United States. It also has the sole authority to declare war, as well as to raise and regulate the military. It oversees, investigates and makes rules for the government and its officers. The Senate can ratify treaties signed by the President and give advice and consent to presidential appointments to the federal judiciary, federal executive departments and other posts. It also has the sole power of impeachment (House of Representatives) and trials of impeachment (Senate). 

The executive branch consists of the President and the Cabinet. The President is the commander-in-chief of the armed forces, executes the instructions of the Congress, may veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses), perform the spending authorized by the Congress, declare emergencies and publish regulations and executive orders. They make executive agreements which do not require ratification and sign treaties, which require approval by the ⅔ of the Senate. They also have the power to make a temporary appointment during the recess of the Senate and can grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."

The Judiciary determines which laws Congress intended to apply in any given case, exercise judicial review and review the constitutionality of laws, determines how Congress meant the law to apply to disputes and determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process.

The system of Checks and Balance was designed and implemented by the founding fathers with such diligence that even after more than 225 years, it is still effective in preventing undue outreach by one of the three branches.

Note: Sites that have been referred to: 

  1. https://www.law.cornell.edu/wex/separation_of_powers_0
  2. https://avalon.law.yale.edu/18th_century/fed48.asp
  3. https://www.britannica.com/topic/Congress-of-the-United-States
  4. https://www.britannica.com/topic/House-of-Representatives-United-States-government
  5. https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
  6. https://www.britannica.com/topic/executive-government
  7. https://www.britannica.com/topic/checks-and-balances
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