Wednesday, January 6, 2021

Kashmiris and High-Speed Internet: A Tragic Love Story

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Vaishnavi Krishna Mohan

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Kashmiris and High-Speed Internet: A Tragic Love Story

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Global Views 360

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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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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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