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DecoDing the the migrant the poSt-locKDoWn
economic StimuluS BlinD Spot ruleS oF engagement
www.indiatoday.in may 25, 2020 `60
registered no. dl(nd)-11/6068/2018-20; U(c)-88/2018-20; FAridABAd/05/2020-22 licensed to post withoUt prepAyment
rni no. 28587/75
MoDI’S NEW
SWADESHI DEAL
Will the Centre’s ` 20 lakh Crore finanCial
stimulus and vision of self-relianCe
revive india’s Covid-striCken eConomy?
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FROM THE
EDITOR-IN-CHIEF
A
fter 48 days of lockdown, Prime Minister Narendra payroll protection programmes like in the US, UK and Germany.
Modi announced a much-awaited stimulus package This is commensurate with the prime minister’s philosophy of
on May 12. As part of it, he offered an economic stimu- giving no handouts to business. One hopes these loans will help
lus of Rs 20 lakh crore ($266 billion), or 10 per cent businesses revive themselves, but many who will be unwilling to
of India’s GDP, among the highest in the world. It is in keeping increase their liabilities, or cannot avail of a loan, will go bank-
with the revival packages announced by major economies—the rupt, resulting in a loss of jobs, income and, eventually, demand.
$2.2 trillion dollar lifeline by the US, which is 13 per cent of its If demand does not pick up, it will mean mass bankruptcies,
economy, or Japan’s $1 trillion, which is 21 per cent of its econ- which is a distinct possibility. To get a loan, of course, would
omy. However, India’s package included the Rs 1.7 lakh crore entail navigating the petrified bureaucratic banking system.
stimulus announced by finance minister Nirmala Sitharaman Banking is all about risk and our banks at the decision-making
on March 26 and the Rs 7.9 lakh crore stimuli administered by level have become risk-averse for fear of subsequent prosecution.
the RBI between February and April. The agriculture reform of allowing farmers to sell goods freely is
Prime Minister Modi laid out his vision for an ‘Atmanirbhar most welcome as is the commitment to develop rural infrastruc-
Bharat’ or Self Reliant India. It rests on five pillars—bringing ture and expand MNREGA.
a quantum, not incremental, jump in the economy, creating a
T
modern infrastructure, setting up a technology-based system of he sight of millions of migrants spilling out of Indian cities
governance, leveraging our young demographic and harnessing and walking thousands of kilometres to their homes in Ut-
India’s huge domestic demand. The prime minister is masterful tar Pradesh, Bihar and Madhya Pradesh with their meagre
in projecting a vision for many of his schemes, but their execu- possessions on their backs and braving heat, hunger, exhaustion
tion has been a mixed bag. Schemes such as the Swachh Bharat and even death will haunt us for years to come. For them, the gov-
Abhiyan, which greatly reduced open defecation, opening of bank ernment has given free food for only two months and the promise
accounts for the unbanked, distribution of a portable ration card. It has been a colossal
of gas cylinders, direct benefit transfer failure of this government to have not antici-
for farmers and affordable housing have pated the consequences of the lockdown for the
been reasonably successful while others migrant poor in cities who can’t even practise
such as Make in India, Start-up India, social distancing in their cramped dwellings.
banking reform, getting government Their misery was further compounded by the
out of business have been non-starters. vacillating policies on allowing them to return
The question that now arises is how the to their original homes.
new vision of Self-Reliant India will be Our cover story, ‘Modi’s New Swadeshi
translated into action. Does it imply a Deal’, evaluates the impact of this stimulus
return to the Nehruvian idea of import package on the economy and examines its
substitution? Prime Minister Modi in his implications both in the long term and the
stimulus speech also asked Indians to be short term.
vocal about local, urging them not only The prime minister faces the daunting
to buy local products but also to promote task of reviving an economy paralysed by
them. Does this presage higher trade bar- COVID-19. The Indian economy, besides its
riers to protect inefficient Indian industry enormous size, is highly complex, as it operates
and the end of the various FTAs we have at many levels. Its ways of working straddle
signed? How do we become competitive in many centuries, from the most primitive to the
our tradeable goods? What is our growth super-modern. Managing it from a centralised
strategy now that the export-driven growth as practised earlier bureaucracy, that too a slothful, leaky one, will never get us the
by South Asian countries and later by China is passe? Do we seri- desired result. The government has to trust the invisible hand of
ously believe we can be part of the global supply chain when the the market to decide who produces what, where to sell it and who
world is turning inwards and we still rank 63rd in the ease of do- buys it. This is the time when the government should reduce bur-
ing business in the world? Such attempts have failed in the past, eaucratic controls on the economy and concentrate on building
as we saw with SEZs. I believe the government should encourage world-class infrastructure, including human development, as
FDI for catering to our domestic consumption; exports, if they the prime minister has promised. He can make the government
happen, will mean a bonus. This way, we could have access to more efficient by reducing the number of ministries and keeping
the latest technologies and the best practices in the world. These them focused on what governments do best. In India, everyone
are some of the things the prime minister will have to address is an entrepreneur, even the corrupt among the bureaucrats
as he walks his talk if India is to be pulled out of one of the worst and government officials. The prime minister has to boost the
financial crises it has faced. entrepreneurial spirit of India to help it escape the current mess
Meanwhile, finance minister Nirmala Sitharaman has, after and reduce the power of those who shouldn’t be in business. This
the prime minister’s vision, rolled out a series of measures for is the quantum change I am looking for.
MSMEs, which form 29 per cent of our GDP and 48 per cent of
our non-agriculture workforce. She has basically provided them
liquidity in the form of easy-to-get loans without collateral,
subordinate loans and equity investments. MSMEs number 63.3
million, but this will really benefit only 4.5 million. There are no
(Aroon Purie)
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INSIDE
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THE FUTURE OF Q&A WITH
LABOUR LAWS PG 5 MUZAFFAR ALI PG 66
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24 DECODING THE
STIMULUS
Is it enough to put
32 ‘BOOSTER FOR
MSMEs’
In conversation with
34 ARE WE
READY?
The lockdown has helped
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UPFRONT
FORCE MAJEURE: THE BOIS
WHO WILL BEAR LOCKER ROOM
THE LOSS? PG 10 SCANDAL PG 12
ON THE JOB
A pharma factory
in Navi Mumbai
MILIND SHELTE
L A B O U R L AW S
THE FUTURE OF LABOUR
By Kaushik Deka
I
n his televised address to the na- Meanwhile, in an apparent attempt the necessary stretch room to make
tion on May 12, Prime Minister to resuscitate economic activity, and adjustments and survive the crisis.
Narendra Modi looked past argu- even in the face of a flight of labour The most significant changes have
ably more pressing questions to from the country’s big industrial cen- been announced in BJP-ruled Uttar
focus our attention on the broad-sweep tres, several states have announced Pradesh, Madhya Pradesh and Gujarat,
reforms he had in mind to reshape the their own industry-friendly tweaks to but states like Rajasthan and Punjab,
Indian economy. A key area of reform, labour laws. The desperation among the where the opposition Congress is in
he told us, was labour. India’s labour state governments is evident. The CO- power, have also tweaked their labour
laws have often been seen as a big VID-19 pandemic has severely dented laws. UP has passed an ordinance
impediment to economic progress. An the capacity of scores of industrial exempting businesses from the purview
attempt was made last year to recodify units, which face closure if not allowed of most labour laws for the next three
them, but it’s a work in progress and to restructure their wage bills. The legal years. Only the laws on construction
still mainly restricted to central laws. rejig in laws, it is hoped, will give them workers, bonded labour, deployment
M AY 2 5, 2 02 0 INDIA TODAY 5
UPFRONT
of women and children and apply for renewals while factory
timely payment of salaries have licences will be renewed once
not been touched. In Rajasthan,
MP, Gujarat, Himachal Pradesh,
in 10 years instead of annually.
Registrations and licences will
THE LEGAL MAZE...
Punjab, Odisha and Goa, work be issued within a day. In Guja- Around 45 central laws and nearly 200
shifts in factories have been rat, all industry approvals will state laws regulate the working conditions
increased from eight hours to 12, be given online within 15 days. of labour in India
with provisions for overtime. Delays in clearances are the In 2019, the Narendra Modi government
Other changes such as the bane of business, and cutting streamlined 44 labour laws into a set of
freedom to fire labour at will in turnaround time will no doubt four codes, as part of labour law reforms.
While the Code on Wages Bill has been
units that have less than 300 make them happy. “Relaxations
legislated, the other three—Code on Oc-
workers (this limit was set at in labour laws, and states mov- cupational Safety, Health and Working
100 earlier) are clearly intended ing towards a friendly labour en- Conditions; Code on Industrial Relations;
to woo investors. In sync with vironment should go a long way and the Code on Social Security—are
Modi’s vision of a self-reliant in making foreign companies pending before a standing committee in
India, the states are promoting shift their factories from China the Lok Sabha
the changes in labour laws as an to India,” says D.K. Aggarwal, These laws are, however, applicable to
attempt to emerge as alternative president, PHD Chamber of workers in India’s formal sector. Close to
manufacturing hubs to China in Commerce and Industry. 81 per cent of all employed persons are
a post-Covid world. “Industrial in the informal sector, 18 per cent are in
the formal sector and 0.8 per cent in the
I
reforms were long awaited. We ndia has around 45 central household sector
labour laws and about 200
more formulated by states.
A 2017 STUDY Industry is wary of this labyrinth
BY THE V. V. and has often made the case that GOING INFORMAL
GIRI LABOUR these laws are both anti-labour
The complexity of labour laws has
INSTITUTE SAYS and a disincentive to hiring more often prompted employers to go for
workers. There is some merit in
LABOUR LAW that argument as even the formal
informal arrangements with workers
even in the formal sector, underscoring
AMENDMENTS sector, which by one estimate the need for labour reforms
DO NOT ALWAYS accounts for 18 per cent of the
ATTRACT BIG
INVESTMENTS
employed in India, is increasing-
ly hiring workers without formal Workers
36.1
million
OR CREATE JOBS contracts. Many believe that without
revoking some of these outdated formal
laws will allow industry to flour- contract
plan to increase job opportuni- ish, which, in turn, will encour-
ties by wooing investors to our age the creation of more jobs. 24.4
state. This is the right time to However, there is no em- million
amend rules to attract indus- pirical evidence to suggest that
tries willing to shift to MP,” labour laws are the main obstacle
said state chief minister Shivraj to industrial growth or are en-
Singh Chouhan. UP’s minister couraging informal labour ar- 13.1
for MSME, investment and ex- rangements. The Working Group million
port promotion, Sidharth Nath of Experts of the Commission on
Singh, says his state is geared up the Legal Empowerment of the
to attract Japanese investments Poor, set up by the United Na-
moving out of China. This follo- tions Development Programme
wed his video-link interaction (UNDP) in 2005, did not find
last week with Japanese ambas- conclusive evidence that rigid
sador to India Satoshi Suzuki. labour laws force companies to
2004 2011 2017
Some steps announced by opt for informal employment.
the states target bureaucratic Several European countries, Source: Ministry of labour and employment;
red tape. In MP, for instance, where labour regulations are Periodic Labour Force Survey, 2017-18
start-ups will no longer need to significantly more liberal than
Graphic by TANMOY CHAKRABORTY
6 INDIA TODAY M AY 2 5, 2 02 0
elsewhere in the world, too, have To mitigate the impact of
witnessed massive informalisation COVID-19 and the lockdown on
...AND RECENT of work in the past three decades.
Back home, a 2017 study by the V.V.
workers, several labour experts
recommend that the government
AMENDMENTS Giri National Labour Institute in offer a stimulus to industry to sup-
Several states have, of late, four states—Rajasthan, UP, Andhra port the wage burden and bring
relaxed or abolished labour laws Pradesh and MP—found that about comprehensive reforms in
in a bid to woo investments amendments to labour laws did not labour laws. Several countries have
necessarily attract big investments, extended wage support to industry.
UTTAR PRADESH: Industry has
been exempted from all labour laws, boost industrialisation or create India, too, has taken measures in
except the Building and Other Construc- more jobs. that direction. Starting April, in
tion Workers’ Act of 1996, Workmen’s The move by several states to businesses that employ less than
Compensation Act of 1923, Bonded relax or altogether suspend labour 100 workers, those earning below
Labour System (Abolition) Act of 1976 laws has drawn criticism from trade Rs 15,000 per month are to receive
and a section of the Payment of Wages
Act of 1936
unions, opposition parties and 24 per cent of their monthly wages
independent experts alike. “These in their provident fund accounts for
RAJASTHAN: Amended the Indus- arbitrary actions by the states violate the next three months. Employees’
trial Disputes (Rajasthan Amendment)
the minimum wage guarantee for Provident Fund (EPF) regula-
Act, 2014, to raise the threshold for
layoffs and retrenchment to units with labour, a right upheld by the Su- tions have been amended to allow
300 workers, from 100 earlier preme Court,” says Jeet Singh Mann, account-holders to cite the pan-
a labour law expert, who teaches at demic as a reason and make a non-
MADHYA PRADESH: Establish-
the National Law University, New refundable withdrawal of 75 per
ments with up to 100 workers can now
hire as per need. New manufacturing Delhi. The Rashtriya Swayamsevak cent of their corpus or three months
units have been exempted for the Sangh-affiliated Bharatiya Mazdoor of their wages, whichever is lower.
next 1,000 days from all but some Sangh (BMS), too, has taken a dim The states can now use the building
provisions of the Factories Act of 1948. view of the changes. “This is the and construction workers’ welfare
Factory licences will be issued within worst time to amend labour laws. It fund to provide relief to registered
24 hours and renewals will be given
for a decade instead of one year. Small will make workers more vulnerable construction workers.
and medium enterprises (SMEs) can to job losses at a time the country Sharma believes the states
be inspected only with prior approval should be joining hands to rebuild must now move beyond tempo-
of a labour commissioner or if there is their lives and the economy hit by rary suspension of labour laws
a complaint. Firms with less than 50 COVID-19,” said BMS president and bring forth the long-awaited
workers have been freed from registra-
C.K. Saji Narayanan. The BMS, reforms to create a conducive
tion or inspection.
which claims the affiliation of over environment for both workers
GUJARAT: New industrial establish- 6,000 labour unions, said it will and employers. Even the BJP, last
ments are exempted from labour laws, urge the Centre to prevail upon the month, submitted a report to the
but have to adhere to the Minimum
states to roll back their decisions. Union government, recommend-
Wages Act of 1948, Industrial Safety
Rules and the Employee’s Compensation Labour being a concurrent subject ing a review of labour and land
Act, 1923 under the Constitution, states can acquisition laws to woo investors.
frame their own laws, but these need Late last year, the Modi govern-
MAHARASHTRA: Shops/estab-
lishments/factories allowed to submit the Centre’s approval. ment streamlined central laws into
consolidated annual returns in lieu of four codes—on industrial relations,
E
multiple returns xperts caution that the wages, social security and oc-
abolition of labour laws will cupational safety. Parliament has
TAMIL NADU: Units can employ
women on the night shift, but have to create a hire-and-fire employ- passed only one code—the Code on
ensure their safety ment model and further encourage Wages—while the other three are
informalisation of the workforce. still hanging fire. The COVID-19
KERALA: New industrial licences to
be issued within a week Job insecurity will push wages pandemic now leaves no scope for
down, reducing consumption and, delay as fragile firms need hand-
States such as MP, Gujarat, Rajast- eventually, demand in the economy. holding from the government and
han, Himachal Pradesh, Punjab, Odisha
“This will slow down the economic freedom from the legal maze. That
and Goa have extended work shifts in
factories from eight to 12 hours, with recovery. Workers’ interest and the Modi, in his May 12 address, men-
provisions for overtime country’s interest aren’t two separate tioned land and laws as the two
things,” says Prof. Alakh N. Sharma, other focal points of reforms comes
an eminent labour economist. as no surprise. n
M AY 2 5, 2 02 0 INDIA TODAY 7
UPFRONT
Liquor Brawl
P unjab chief minister
Capt. Amarinder
Singh had to ask chief
secretary Karan Avtar Singh
to sit out the May 11 cabinet
meeting after three key
ministers—Manpreet Badal,
Charanjit Singh Channi and
Tript Rajinder Singh Bajwa—
said they wouldn’t attend if he
was present. The three had
a run-in with Avtar Singh last
week over the state’s “faulty
excise policy”. Allegations
were also made about Avtar
Singh’s son having interests
in the liquor business. An
unheard-of fallout: Punjab’s
liquor vends are closed again
till the issue is resolved.
RUNAWAY
LEADER
SWADESHI BRAND AMBASSADOR A social media war is
on between the ruling
JD(U) and the opposition
I
n his May 12 address to the nation, Prime Minister Narendra Modi praised RJD in Bihar. JD(U) spoke
India for achieving self-sufficiency in personal protection equipment sperson Nikhil Mandal
accused RJD leader Tejashwi
(PPE) for healthcare workers. But it’s the PM’s own endorsement of the
Yadav of being a serial esca
gamchha that’s making waves. Modi has sported one in most of his public
pist, since he goes missing
appearances since April 14, when he appeared in a Manipuri meitei lengyan
from the capital every time
(top left) to cover his face. He has worn several such Indian stoles to public there’s a disaster—from floods
engagements, rarely repeating the same scarf. to the pandemic. RJD leader
Mritunjay Tewari shot back,
saying Tejashwi—currently
locked down in Delhi—lives
in the people’s hearts unlike
Good Samaritan some of the ruling NDA lea
ders. With state elections just
six months away, we haven’t
E
xternal affairs minister S. Jaishankar recently heard the last on this one.
won the gratitude of a family from Kerala in
the UAE. The couple were struggling to get
tickets to fly back home to perform the last rites of
their fouryearold boy who had died of leukaemia.
All the Vande Bharat flights to Kerala were full but
the foreign minister responded immediately to a
message from an Assambased doctor and friend
of the family. The Indian consulate in the UAE not
M ZHAZO
only booked the family on a flight to Kochi but also
paid for their tickets.
BANDEEP SINGH
—Sandeep Unnithan with Kaushik Deka, Anilesh S. Mahajan and Amitabh Srivastava
UPFRONT
F O RC E M A J E U R E
WHO
BEARS
THE
LOSS?
By Shubham Shankdhar
T
he owners of Magneto The has not declared COVID-19 a natural asked power generation companies,
Mall, a major commercial disaster. If the government does so, with whom they have signed power
centre in Raipur, are in a even we will be able to make insurance purchase agreements (PPAs), to stop
peculiar bind during this claims to recover losses.” He is worried production, citing force majeure. They
lockdown. Four or five big about his company’s ability to repay its have expressed ‘inability to pay until
firms occupying floor space in the mall bank loans if this ambiguity persists. further notice’. The Association of
have defaulted on payment of rent and “If nothing works out, we will have to Power Producers is crying foul, and
maintenance expenses, citing losses take legal recourse,” he says. says this is a violation of the PPA.
from shutdown of business. Pleading This is not even an isolated case. PVR, the country’s largest multiplex
helplessness in the current circum-
stances, the firms have all invoked
the ‘force majeure’ clause in their
THE CENTRE’S NOTIFICATION ON FEB. 19
contracts, which is legalese for a provi-
sion that gives parties to a contract
EXEMPTS ITS CONTRACTORS FROM PENALTIES
temporary reprieve from fulfilling IF THEY FAIL TO MEET OBLIGATIONS DUE TO
contractual obligations. COVID-19, BUT IT’S SILENT ON WHETHER THIS
While the typical scope of force APPLIES TO PRIVATE BUSINESS DEALS AS WELL
majeure does include ‘act of God’
events, such as wars and riots and
epidemics such as the current one, the Across the country, the crippling chain, has asked all landlords to waive
Indian government has yet to notify impact of the lockdown is seeing rent. PVR has more than 800 screens
COVID-19 as a force majeure event. businesses increasingly invoke the in India and Sri Lanka.
Anand Singhania, managing director force majeure clause—to either get a Hero MotoCorp, India’s largest
of Magneto mall, may be clutching reprieve or even a waiver of contractual two-wheeler company, has held back
at straws, but he is quick to point out commitments. Consider these: payments to vendors.
this all-important detail: “Their (the In Uttar Pradesh, Punjab, Haryana, Even small businesses, such as crane
renting firms) notices mention force Telangana, Madhya Pradesh and operators, are suffering. The Crane
majeure even though the government Dadra and Nagar Haveli, discoms have Owners Association of India has
10 INDIA TODAY M AY 2 5, 2 02 0UNCERTAIN TIMES
A PVR theatre in New Delhi
written to Union MSME min- is not robust, particularly house
PIX ister Nitin Gadkari for relief, and shop tenancy agreements.
flagging non-payment by clients He says one of his Delhi clients
citing force majeure, among who had added ‘acts of govern-
other grievances. ment’ to the force majeure clause
The contracted players of in his agreement with a tenant
Kolkata-based East Bengal FC will be insulated from losses due
say they will move the Football to the lockdown.
Players’ Association of India
H
against the club’s decision to olding an insurance policy
revoke their contracts. may not guarantee relief.
A Union finance ministry no- C.R. Mohan, national
tification on February 19 said the head, property and risk engi-
COVID-19 situation qualified as neering, Bajaj Allianz General
a force majeure event, and gov- Insurance, says: “Who benefits
RAJWANT RAWAT
ernment contractors unable to from insurance on the basis of
meet commitments due to supply force majeure will be determined
disruptions from China would by the terms and conditions of
be exempted from penalties. But the policy. The insurance com-
the notice is quiet on whether pany will be paying only for the
the same terms would apply risk against which it has taken
to contracts between private premium.” Mohan underscores
WHAT THE business entities. “The govern-
ment’s attempt is to pre-empt
another critical aspect. “Usually
small businesses take policies
LAW SAYS litigation. (A finance ministry like fire insurance for factories,
memo directs all ministries to warehouses or stores because it is
Force majeure is governed by
treat disruption due to the virus mandatory to obtain bank loans.
Section 32 of the Indian Contract
outbreak as a natural calamity, But few go for a business inter-
Act, 1872, and frees parties of contrac-
providing relief to government ruption policy to cover losses due
tual obligations in the event of a war,
riot, epidemic or other ‘act of God’ contractors.) But it will apply to any reason.”
(natural calamities). only to contracts where the Legal disputes appear highly
government itself is a party,” says probable in the given situation.
Section 56 of the Act relates to the Sunil Garg, CEO of Faridabad- Jeevesh Mehta, lead partner of
‘doctrine of frustration’, which refers to based law firm SSA Legal. “We Delhi-based law firm Maven Le-
a change in circumstances that render it may also see public sector banks gal LLP Advocates and Consul-
impossible to enforce a contract. “Par- extend reliefs such as deferral of tants, says, “The COVID-19 crisis
ties use Sec. 56 when force majeure is [loan] instalments.” is well understood by all, so we
not mentioned in their contracts,” says Can all businesses hope expect the focus to be on recon-
legal expert Jeevesh Mehta. For instance, to get relief by invoking force ciliation. A large number of cases
he says, if an event company had booked majeure? Jaspal Singh Sethi, may still reach the courts.” One
a concert that was impossible to hold partner with the Delhi-based PS of his clients sent a legal notice to
during the lockdown, it would be consid- Law Group, says, “Who gets re- a company that had contracted
ered a ‘frustration of contract’ because lief and who does not depends on it to build a showroom, but then
the contract cannot be executed. “In the terms of the contract.” Force wanted the contract nullified
such a situation, the event company majeure will apply in the case when his client gave notice that
would have to return any advance it of COVID-19 only if epidemics the lockdown would cause delay.
may have taken.” are included under this clause “Each case will entail a different
in the contract. Sethi points out set of problems. If parties fail
that smaller entities could be in at reconciliation, there will be
trouble as their legal paperwork litigation,” says Mehta. n
M AY 2 5, 2 02 0 INDIA TODAY 11UPFRONT
instagram.com
BOIS LOCKER ROOM SCANDAL
BLACK
MIRROR By KAUSHIK DEKA
Illustration by NILANJAN DAS
IT
was towards the end of March and
Prashant (name changed), an arts stream
student in one of Delhi’s top private
schools, had just finished his Plus 2 board
exams and was all set to have “some fun”.
But then COVID-19 and the lockdown
spoilt all his plans and confined him to his room. Worse,
the ‘fun’ has gone sideways and now he fears he’ll have to
spend time in a police lock-up.
Prashant was part of the now infamous Instagram
group, ‘Bois Locker Room’, which came to light on May What happened in the
3 when a Delhi girl shared screenshots of the sexually
explicit conversations in the group. The viral post had
‘Bois Locker Room’?
students of Delhi’s prominent schools boasting about
l In April, more than images are being shared
their sexual escapades, sharing nude/ morphed pho-
two dozen students l One girl posts a screen-
tographs of girl students and bodyshaming them. “We from some of Delhi’s top
shouldn’t have done what we did. It was a big mistake, but shot of the chat on her
private schools become
Instagram profile on May
we are not criminals. There was no plan to rape anyone,” part of a private Insta-
3. It goes viral
says Prashant, who will turn 18 in a few months. Delhi gram chatroom, where
l Some others repost the
Police cyber cell head Anyesh Roy corroborates this. The they discuss their sexual
rape conversation, he confirmed, did not take place in the escapades, the physical chat, adding an unrelated
Bois Locker Room; it was part of a Snapchat interaction, appearances of girls they Snapchat conversation
know and share morphed between a boy and a girl,
intriguingly between a girl and a boy. The girl, assum-
photographs of some of where the girl, assum-
ing the fake identity of a boy, was instigating the boy at ing the fake identity of a
them nude
the other end of the conversation to rape her to check his boy, is telling the boy to
“strength of character”. The boy, thankfully, refused. l One boy, who is added
rape her. This gets mixed
But even though the ‘locker room’ boys did not plan a to the group, takes a up with the Bois Locker
rape, the perverse sex talk did enough to hog the national screenshot of these Room conversation
conversations and leaves
headlines for a few days and refocus public attention on an l Two FIRs have been
the group
unsettling social problem that has a myriad dimensions: file filed. Police have de-
l He tells his friends
the proliferation of sexually explicit content on the inter- tained two participants
net; the easy access teenagers and young adults have to it; about the chat group; of the chat group—an
they contact the nine adult and a minor.
the unregulated web traffic of this content via social media
girls who are being com- Investigation is on.
platforms; its effect on impressionable minds—and also
mented on and whose
how entrenched male privilege continues to (mis)shape
gender stereotypes. In December 2019, eight students
Advertising Business About How Search worksaged 13 and 14 were suspended from a school in Mumbai including removal of content that violated our commu-
for the horrific content of their WhatsApp chats, which nity standards, and our ongoing efforts to create a safe
included talk about “gang-banging” classmates. online experience for Instagram users,” a spokesperson
So again we have it, the big question that pops up for Facebook, which owns Instagram, told india today.
every time a scandal of this sort erupts. Is the digital But beyond the legal ramifications, the scandal has
world we live in, more importantly the easy availabil- also exposed the communication breakdown among stu-
ity of pornography, taking a heavy psychological toll dents, teachers and parents. Most schools tend to cover
on children? Dr Suresh Bada Math, head of forensic up such incidents fearing a loss of reputation. Sunita
psychiatry at NIMHANS in Bengaluru, says some stud- George, principal of Bombay Scottish School, says such
ies do suggest that children could be more sensitive to instances are common across schools, but they aren’t
sexually explicit material. Dr Nimesh Desai, chairman necessarily a gender issue. “The issue is about digital
of the Institute of Human Behaviour and Allied Sciences ‘behaviour’ and long-term value education. Children
(IHBAS)in Delhi, has a more nuanced view. He says share without thinking twice, without fear or concern
individualistic pleasure-seeking behaviour is nothing for another. They know about digital footprints, but
new. What has changed today are three things—ease habits and attitudes towards online behaviour cannot
of access, repetitive media content and the engage- be changed overnight,” says George. Prashant maintains
ment of all senses—and this is leaving a deeper impact that he was unaware of engaging in any criminal act.
on the human psyche and behaviour. Children don’t “We were chatting among friends. We didn’t expect this
even realise how it impacts their perception of what is to get out, so we typed whatever we felt,” he says.
acceptable and what is not. “It isn’t about teaching them
A
moral values, but contemporary values. Issues of privacy, nd even though the principals and staff at the
consent, understanding my pleasure has to stop when it Delhi schools involved argue that they can’t be
impacts another person’s space. These must be taught to held accountable for what students do at home,
children,” says Desai. there is now an acceptance that teachers and parents
There is also debate on how social media platforms need to come together to sensitise their wards about pri-
are adding to this menace, thanks to the legal opacity vacy, personal and shared spaces and a digital decorum
in fixing accountability. Cyber law experts are demand- alert to the dangers of the online universe. “Parents need
ing a revision of IT laws to make intermediary social to be involved a great deal more. If you are giving your
platforms such as Facebook, Instagram and Twitter children access to a phone, you must also guide them on
more accountable. Instagram, the intermediary in this its potential misuse,” says George.
case, has removed the chat group, but many are of the Experts agree that parenting plays a key role in miti-
view that this is not enough. “The responsibility doesn’t gating the harmful effects of explicit content. Parents
end in deleting the group. Evidently, there was lack of must discuss sex, sexuality, gender-related issues with
due diligence. Appropriate action must be taken against children and take steps to ensure there is a sensitive
Instagram as it can be seen that the service provider approach towards these. “Children don’t understand the
abetted the commission of these violations,” says cyber nature of social media. Open conversations around gen-
law expert Pavan Duggal. The Delhi Police cyber cell der, sex, internet behaviour are as important as conver-
registered an FIR on May 4 under multiple provisions of sations about diet or academics,” says Dr Upasana Chad-
the Indian Penal Code, 1860, and Information and Tech- dha, a Delhi-based psychologist, adding that it is always
nology Act, 2008, but has not pressed charges against the survivors of slut-shaming, blackmail or sexual abuse
Instagram. The police has arrested the who seek therapy. It is rare to find an
group administrator, an 18-year-old, “Children don’t offender doing so because they are
and interrogated several members. understand the always being defended and often don’t
Supreme Court lawyer Neela even realise their actions have caused
gravity of social
Gokhale says the perpetrators must be
media. Open conver pain to another. But even as the law
booked under the Protection of Children takes its course, the change must begin
from Sexual Offences (POCSO) Act,
sations around with parents talking to their children
2012, as the crime involves objectifica-
gender, sex, internet and being categorical about what is
tion of minors. The Delhi Commission behaviour are and is not acceptable—both in the real
for Women (DCW) has also issued important today” and virtual world. And it must involve
Instagram a notice. “We have responded Dr UPASANA CHADDHA sons as much as daughters. n
to it, informing the DCW of our actions, Psychologist with Sonali Acharjee
M AY 4,Privacy Terms
2 02 0 INDIA TODAY Settings
13UPFRONT
GUEST COLUMN
AJAY BIJLI
THE SHOW MUST GO ON
H
aving been in the cinema industry for the past 30 interventions are in order, and here are my recommendations
years, I do have passionate views about its place in our for all stakeholders:
lives as the most affordable and enjoyable out-of-home Following the example of other countries, the government
entertainment, as also on reviving the fortunes of this industry. should consider: i) wage subsidies for the non-operational
I’ll get to the specifics of how to engineer this revival presently period; ii) a waiver of GST—if not an exemption from all taxes
but don’t judge my views by the title of this piece. (GST, show tax, LBT)—for a year after resumption of opera-
The catastrophes of the past century did not prepare us tions; iii) interest-free loans for three years with a one-year
for the depredations of this pandemic. Countries, govern- moratorium; iv) bringing COVID-19 within the ambit of force
ments and world leaders are improvising solutions on the majeure provisions.
run, and have responded disparately. But the so-called toss-up The film industry has a big role in ensuring that new mov-
between lives and livelihoods baffles me. Without a doubt, ies continue to come to the big screen. OTT platforms, which
life comes first, but livelihoods too need existed before COVID and will no doubt
urgent attention. In a recent article in the thrive after, will never be able to bring
Financial Times, Martin Wolfe writes: 60 per cent of the revenues the theatri-
“Maintaining the lockdown and saving cal business generates. Besides, as Adam
the economy are mutually compatible; it’s Aron, CEO of AMC Entertainment, artic-
not a matter of protecting people or the ulated in a letter to the head of Universal:
economy, but of protecting people and “Theatrical releases boost publicity, posi-
the economy.” The trade-off between lives tive word-of-mouth, critical acclaim and
and livelihoods is indeed a false binary. downstream revenues”.
I fully understand the measures Cinema operators too need to reimag-
taken by the Indian government so far to ine the theatre experience to allay people’s
contain the spread of the virus. But the fears—measures are being planned world
extended lockdown has also resulted in a over and we should adopt best practices,
huge economic crisis—jobs have been lost among them: i) staggered programming
and many businesses are either vanish- To resolve any stress to help maintain physical distance and
ing or have reached a point of no return. glass barriers at transaction points; ii)
between malls and
After nearly six weeks of the lockdown, limiting physical interaction by digitising
the lives-or-livelihood question is still
theatres, the pandemic all payments, pre-packaging F&B items
poignant, some would argue, but the gov-
should be declared a from a truncated menu and promoting
ernment has responded to the clamour to force majeure event self-service iii) medical check-ups for
save the economy and a phased re-open- staff, deep cleaning and ULV sanitising
ing is finally under way. of surfaces (a ULV or ‘ultra-low volume’
However, a simple go-ahead to resume operations is no cleaning protocol can create an anti-bacterial layer that lasts
panacea for our economic woes; a lot more needs to be done. up to 30 days); iv) strong internal/ external communication to
The worst-hit industries need some relief and a stimulus pack- maintain hygiene and answer customer queries.
age to save them from irrecoverable long-term damage. In order to resolve any stress between malls and theatres,
Coming to my own industry, exhibition cinema is the the real estate end of the industry, the pandemic should be
entertainment staple for India and, in volume terms, the declared a force majeure event, and as Atul Ruia, managing
largest in the world. No other country, including the US and director of Phoenix Mills, put it: only a certain “reasonable-
China, has an annual turnover of 1,500 films and 1.5 billion ness” can ensure that the new arrangements don’t damage
tickets! Content is one leg of our industry and real estate— either entity.
shopping centres and malls—the other. Directly and indirectly, At the end of the day, after all the necessary precautions
we employ over 400,000 people, and a slackening of content have been taken, it will be down to the consumer to ensure the
creation for the big screen will have a domino effect on a lot show goes on. The safe confines of our homes cannot deliver
of skilled jobs. On the other hand, as anchor tenants, if cin- the social experience we crave and need. n
emas and multiplexes stop attracting audiences, it will impact
the viability of malls and shopping centres. Some immediate Ajay Bijli is the chairman and managing director of PVR Ltd
14 INDIA TODAY M AY 2 5, 2 02 0 Illustration by RAJ VERMAFOCUS
EDUCATION
VIT leads the change
during the pandemic
T
he spread of COVID -19 is on the rise. In light
of the current situation, Vellore Institute
of Technology, Bhopal (VIT), School of
Computing Science and Engineering (SCCE)
has organised an online National Level Hackathon,
‘HackCoVIT 2020’. Aimed at helping people during
the global pandemic, students up to Undergraduate
level participated and exhibited their skills, from
across 127 institutions from 19 different states in
the event. The participants were given 32 problem
statements, under five diverse themes to conceive
solutions. Jury members included eminent
leaders from companies like Google, Microsoft,
Philips, Thomson Reuters, Robert Bosh, Payoda
Technologies, thought-works, and Stealth mode.
In a first, the institution has also released an
advisory to become digitally safe during the corona
crisis. The Division of Cyber Security and Digital
Forensics, VIT Bhopal, working closely with the
G Viswanathan
Chancellor - VIT
characters, with a combination of upper and lower
Jury members included case letters, numeric and special characters is also
helpful. One must also keep revise security keys and
eminent leaders from wifi passwords and brush up softwares regularly.
These guidelines are issued in the public interest
companies like Google, by IPS Maithili Sharan Gupta (DGP, Police Reforms,
Microsoft, Philips, Madhya Pradesh and Shishir Kumar Shandilya,
Division Head of Cyber Security and Digital Forensic
Kadhambari
AVP - VIT Thomson Reuters, at VIT Bhopal University along with a team of B.Tech
Cyber Security second year students.
Robert Bosh, Payoda
Police Academy in Bhopal describes precautionary The VITEEE (VIT Engineering Entrance Examination)
measures such as practicing a zero-trust policy Technologies, thought- for admission to Engineering programmes this year
while online, updating video conferencing software
to their latter versions, keeping your passwords safe,
works, and Stealth is scheduled for July 29 to August 2, 2020. It will
be held in 119 cities across India and all central and
and limiting unnecessary downloads to be safe from mode. state government regulations on social distancing
scammers. Using strong passwords with at least 12 and hygiene will be strictly followed.16 INDIA TODAY M AY 2 5, 2 02 0
COVER STORY L E A D E S S AY
MODI’S
NEW
SWADESHI
DEAL
The prime minister unveils a Rs 20 lakh crore
financial stimulus and vision of self-reliance. But
will it revive India’s Covid-stricken economy?
By RAJ CHENGAPPA
P
rime Minister Narendra Modi has the uncanny knack of turning ad-
versity into opportunity. When he began his address to the nation
on May 12—his fifth since he imposed an unprecedented nationwide
lockdown—most expected him to dwell on how his government was
handling the COVID-19 pandemic and on plans for an exit strategy.
After all, the number of coronavirus cases since the country went
into lockdown on March 25 had risen from 564 to 70,756, and over
2,293 Indians had died of the disease. The lockdown had already
been extended twice and will complete 55 days on May 17 when
the third phase ends. Yet, half the country’s 733 districts remain in the red and orange
zones where most of the restrictions on movement will continue into Lockdown 4.0.
With these districts accounting for as much as half of India’s GDP, the prospects for
economic revival look bleak. More ominously, there are no signs of the infection curve
flattening to indicate that the virus has been effectively contained.
Rather than highlight these concerns as expected, the of Rs 20 lakh crore, equivalent to 10 per cent of the GDP,
prime minister instead chose the occasion to present a to revive India’s Covid-stricken economy. This is almost
soaring vision of India’s ability to emerge as a strong, self- double the amount most experts had been demanding
reliant nation that will also be a world leader. To quell the at the beginning of the lockdown. Terming the package
rising sense of disbelief his words may have provoked, he Atmanirbhar Bharat Abhiyan (Self-reliant India cam-
talked money, announcing a financial stimulus package paign), Modi also promised to undertake “quantum”
Illustration by NILANJAN DAS M AY 2 5, 2 02 0 INDIA TODAY 17COVER STORY L E A D E S S AY
reforms for the economy. “Our responsibility to make the nance with the Bharatiya Janata Party’s ideological moor-
21st century the century of India will be fulfilled by the ings. Its parent body, the Rashtriya Swayamsevak Sangh
pledge of a self-reliant India. This will be a new vow for (RSS), has long proclaimed the need for a ‘Swadeshi’ or
every Indian,” he declared. home-grown model of economic development as a project
Inevitably, the Opposition ripped into Modi’s speech. close to its heart. However, lest the slogan be construed
Congress leader Jairam Ramesh tweeted, “The prime as signalling an insular turn, Sitharaman was quick to
minister did what comes to him best—Maximum Packag- clarify that Mission Swadeshi was not about turning away
ing, Minimum Meaning. It was a case of classic NAMO: from the world. “When the prime minister said self-reliant
No Action Messaging Only.” India,” she said, “he did not want to make India an isola-
tionist country. The intention is to take local brands and
H
owever, that the prime minister meant make them global. To have the capability to build enter-
business was evident from the very next prises that will help the world.” Indeed, some observers
day as his finance minister, Nirmala Sith- saw the swadeshi tag as a cover to pre-empt resistance
araman, began daily announcements of from Sangh Parivar organisations over some of the bold
financial packages and reforms. By May reforms he proposed to unveil.
15, she had listed Meanwhile, given the distinctly
packages for urban Nehruvian ring to both self-reliance
migrants and farmers and sectors such and swadeshi, many industrialists fear
as Micro Small and Medium Enter-
prises (MSMEs), real estate and power.
OBSERVERS FEEL THE a Great Leap Backward. As Ramesh
Vaswani, an industrial consultant,
More is expected for the education, SWADESHI TAG IS A said, “It symbolised a system of manu-
coal mining and manufacturing sec-
tors in the coming days. While many
COVER TO PRE-EMPT facturing that followed outdated and
antiquated practices, governed by the
in the MSME sector were unhappy RESISTANCE FROM heavy hand of bureaucracy. Self-reli-
that they did not receive any direct fi-
nancial support, other experts criti-
THE SANGH PARIVAR ance and the protectionist policies of
the past saw industries turn inefficient
cised the government’s stimulus pack- OVER THE BOLD both in terms of production and costs,
ages for relying more on easing of
credit facilities and moratoriums on
REFORMS PM MODI making consumers suffer. It would be
a non-starter if this government goes
loans rather than infusing hard cash PROPOSED TO UNVEIL back to that.” Piyush Goyal, the Union
benefits directly to the needy as many minister of commerce and railways,
advanced countries had done (see ac- however, dismissed all fears of the gov-
companying reports). ernment turning protectionist. Speak-
Yet despite the complaints, the prime minister’s ad- ing at a university event soon after, he clarified, “Self-reli-
dress sent out three major signals on how he plans to ance is about working and engaging with the world from
conduct the twin battles of containing the coronavirus and a position of strength. It’s about your own self-confidence,
reviving the flailing Indian economy in the months ahead. that you are not dependent or overly-dependent on the
On the health front, he indicated that India would have to rest of the world. It’s about the confidence of the nation
learn to live with COVID-19 and that it was imperative to that you can produce quality products in a cost-effective
resume economic activity. As he put it: “Ladenge bhi aur manner, that you can compete with anybody in the world
badhenge bhi (We will fight, and we will grow).” When it even with the disadvantages we face.”
came to relief, he made it evident that there would be no The Sangh Parivar affiliates india today spoke to
free lunches for anyone except the truly needy and the gov- were vehement that they were not going down the path
ernment would instead fund measures that would encour- Nehru and Indira Gandhi followed. Ashwani Mahajan,
age sustainable growth. Most importantly, by enunciating convenor, Swadeshi Jagran Manch (SJM), which wields
the goal of self-reliance, the prime minister signalled a considerable influence in government policy-making,
fundamental resetting of his government’s economic said, “The RSS had consistently opposed the Congress de-
vision to meet the challenges posed by a Covid-stricken pendence on the public sector in the initial 40 years after
world where no one knows how long the pandemic will Independence and was even against bank nationalisation.
last and when life will return to normal. The fact is, after its model failed, the Congress did not fall
Self-reliance is a vision that has always been in conso- back on domestic private entrepreneurship to deliver but
18 INDIA TODAY M AY 2 5, 2 02 0WITH A CALL FOR
SELF-RELIANCE,
MODI IS RESETTING
INDIA’S ECONOMIC
VISION TO MEET
THE CHALLENGES
POSED BY A COVID-
HIT WORLD
THE BIG PICTURE Prime Minister Narendra Modi during his
May 12 televised address to the nation
preferred foreign ones without trusting our own people Donald Trump’s victory, he believes, was an outcome of
to do so. The prime minister’s self-reliance campaign puts the diminishing trust in globalisation to deliver and the
the trust back in the people of India—that’s the differ- growing consensus that patriotism and nationalism were
ence.” Mahajan is, in many ways, echoing the philosophy better answers to economic development. The pandemic
propounded by the SJM’s founder, the late Dattopant only sharpened that distrust, with every country waging
Thengadi. In his book, The Third Way, Thengadi wrote, its own battle to stem its spread. The other reason Guru-
‘Swadeshi is the outward practical manifestation of pa- murthy advances is: “When the prime minister began his
triotism. Patriotism is not considered isolationism nor are first term, he hadn’t attained the kind of stature he now
patriots against internationalism. Their pleas for national has on the global stage: a confident, mature world leader
self-reliance are not incompatible with internationalism backed by the importance of India’s economic growth.”
provided the latter is on equal footing with due regard to Those who work closely with Modi say nothing he says
the national respect of every country.’ or does is casual or impulsive—there is much deliberation
and consideration behind his every move. The process
A
ccording to S. Gurumurthy, editor of of formulating both a relief and reform package, india
Thuglak and a key Sangh ideologue, the today learns, had been in the works for weeks even as the
swadeshi model of development holds pandemic raged on. To his credit, Modi had sensed that
that “there has to be a cultural underpin- coronavirus would emerge as a threat in January itself,
ning to economic development unlike the soon after the World Health Organization had first noti-
western model that insists on one size fits fied the virus outbreak on January 5. When he first men-
all”. So, why did Modi require a pandem- tioned the virus at a cabinet meeting, Nitin Gadkari, his
ic to launch the swadeshi model and not do so in his first colleague, recalls that most of them didn’t take the threat
term itself? Gurumurthy suggests two reasons. Globalisa- too seriously but weeks later would acknowledge to Modi
tion, he says, works only if there is mutual trust between that he was spot on.
nations, but has been in retreat in the past decade or so As early as January 25, Modi got his principal secre-
because the distrust between nations, particularly after tary, Dr P.K. Mishra, to convene an inter-ministerial meet-
the 2008 economic meltdown, made it unsustainable. ing of officials from the external affairs, home, health and
M AY 2 5, 2 02 0 INDIA TODAY 19You can also read
