Mehrotra and Parida argue that if India needs to reap the benefits of this DD and achieve high and inclusive economic growth, it needs to address some core issues of the Indian economy. These problems include: (a) lack of non-farm jobs, (b) high levels of unemployment among the educated youth, (c) lack of formal jobs, and (d) low levels of female Labour Force Participation Rate.

Subscribe now

While the book recommends several policy reforms that should be undertaken to address these issues. I have been thinking about how Artificial Intelligence (AI) can be can be leveraged to reap the benefits of India’s DD and address labour market issues. The debate on AI and labour markets is mostly stuck on two extreme ends of the spectrum with one side warning against huge job losses especially in services led economies like India and the other side estimating increase in productivity and creation of new roles.

Based on Mehrotra and Parida’s work, I try to provide a new framing - how AI should be looked as one of the tools (alongside other policy measures) to address core problems of the Indian labour markets and help enable the country reap the benefits of its DD.

One thing to note is that at no point I want to argue that this is the only policy measure to solve the unemployment crisis. Reforms relating to education and skilling, ramping up manufacturing and filling government vacancies should still remain a priority.

There is no denying the fact that AI will lead to job losses. In fact, it is already happening. In India, several customer service teams have been replaced by AI chatbots. For instance, according to news reports in April, Zomato laid off up to 600 customer support employees, just a year after hiring them. Tech giants like Amazon and TCS have also been in the news for AI layoffs. But these headlines should be taken with a pinch of salt because these layoffs are a result of multiple factors like mass hiring during COVID and global economic slowdown and not just AI. But the point being that while the degree of job loss may vary, AI is and will impact job markets especially in countries like India which is a services-led, labour-surplus economy.

But it is exactly this characteristic of India that can be leveraged to attract the new roles being created due to AI. One of the most prominent forms of AI-enabled employment is data annotation. These roles are also central to the AI industry given how AI companies heavily rely on datasets created by data workers. In 2024, an estimated 50,000 Indian (freelance) annotators were present on international digital platforms, and 20,000 full-time annotators within India, according to this Economic Times report (citing data from TeamLease). India should see a rise in such roles as there is a growing demand for datasets and more specifically Indian datasets. India’s 2018 National AI Strategy also stressed on the promotion of job creation in new areas, like data annotation. It noted that such roles have the potential of absorbing a large portion of the workforce that may find itself redundant due to increasing automation. While there are dedicated data annotation and labelling companies like Sama, digital platforms like Uber have also entered this sector. In some countries, Uber is providing data labelling tasks to its gig workers. These data related roles do not require high levels of skills and can also be done remotely, making them accessible to women and PwDs. However, studies have highlighted the precarious nature of these jobs. Issue include informality, long working hours, low wages, and exposure to graphic and violent content. Companies have also fired workers for protesting about working conditions and demanding the right to unionize.

If India is to leverage new roles like data annotation to absorb its workforce, it must ensure that these jobs abide by international labour standards and ensure dignity of workers. The government must ensure that the nature of these jobs is formal ensuring minimum wages, social security, regulated working hours, and safe & decent working conditions. India must not look at these roles as part time earning opportunities and ensure that these are presented as formal employment opportunities.

Karya, a Bangalore based startup has demonstrated how data work can be used to create meaningful employment opportunities. Karya’s mission is “to leverage the AI revolution to create dignified earning and learning opportunities for low-income communities around the world.” In 2025, their workforce stood at 130,000 workers. Such a model not only provides livelihood opportunities but also ensures that India is creating datasets that both preserve and reflect our cultural and regional diversity. Such datasets are necessary to ensure AI models reflect local contexts.

India needs more Karyas. But as this industry scales, we must ensure that it does not come at the cost of labour protections.

Share

Subscribe now

Subscribe now

Gig work platforms should not merely be looked at as digital intermediaries providing work opportunities. They exercise a high degree of control over people’s economic rights. The entire platform economy is run by algorithms that determine - access to work, working conditions, and wages. The decisions taken by these systems have massive implications on a worker’s life. But workers have zero understanding of how these decisions are being made and why due to the opaque nature of these algorithms.

Our project, GigSaathi, was aimed at addressing this information asymmetry, which forms the key dynamic of the power relationship between quick commerce platforms and gig workers. Our project piloted a chatbot allowing delivery workers in quick commerce to systematically collect their earnings. The chatbot would then process these screenshots to produce time series data on earnings, which we could then be used by workers to gain better insight into their own wages.

We supplemented this dataset with data on daily incentives, which revealed significant variability in earnings in wages (base pay and incentives), working hours, and distance travelled. A significant proportion of wages are contingent on invisible or opaque variables that are not reported to workers. The biggest company in the sector, Blinkit, does not have a minimum base pay per kilometer.

We establish little to no correlation between earnings and time spent per order, which suggests that workers are not compensated proportionately for the total time spent in delivering a given order. We also find that incentives are clearly deployed as a tool for labour control, with. higher earnings per order corresponding to a lower share of incentives in total earnings. Incentives make up about a quarter of weekly earnings on average, with very high variability. Our findings confirm that platforms promote dependence on incentives and gamified features of control, aiming to bind workers to the platform.

Our report adds to the mounting evidence that gig work in quick commerce in India is precarious, with wages regulated through opaque algorithms that force workers onto a cycle of chasing unknown incentives without any guarantees of higher pay.

Read the Report here.

GigSaathi was piloted under the The internet Research Lab

GigSaathi’s research team is Abhishek Sekharan, Ameya Kasliwal, Ambika Tandon, Gurshabad Grover, Javed Siddiqui and Omir Kumar. GigSaathi’s software was developed by Kiwimesh Technologies, and the report and graphics for GigSaathi were designed by Srishti Verma. The team would like to thank the Rajdhani App Workers Union for their partnership.

If you like my work, do consider sharing and subscribing

Subscribe now

Share

In terms of their scope, they seek to provide protection to gig workers. These workers include people - (i) delivering items (food, grocery, parcel etc) on their bikes, (ii) driving cabs or bike taxis, or (iii) offering services like AC repair, plumbing etc. In short, these laws cover gig workers who are directly providing services to the customer. However, platform work does not merely involve customer facing work. Many platform workers are in the backend (logistics, sorting, warehousing). In this blog, I argue that gig work laws may also cover workers (pickers) involved in picking and packing goods in dark stores1 in the quick commerce sector.

Share

Who are pickers

Pickers are workers who pick and pack your order. They are key in ensuring that goods are delivered in minutes. The moment the dark store receives an order, it is assigned to a picker. They have a hand held device that directs them to the relevant shelf where the item is placed. After picking each item, they use the device to scan a code on the shelf to mark the item as picked and then they move to the next location for other items. This process goes on till all the items in the order are picked. Once all items are collected, they take them to the counter, pack and hand over to the delivery worker. On average this process takes 2-3 minutes. For larger orders, it may take more time.

Hiring structure of pickers

Workers working as pickers are not directly hired by the quick commerce company. They mostly come through some third party and work on a piece rate basis. Recently, some firms have started hiring pickers through apps. The process and work structure is similar to that of a delivery worker. Their wages are controlled by the application and vary based on their performance that includes number of orders fulfilled and time taken to complete them. This also includes incentives - additional money linked to completing certain number of orders.

Subscribe now

Classification of pickers

Given their work arrangement, it maybe argued that they should be classified as gig workers and be covered under gig work laws. The Karnataka Act defines a gig worker as -

“Gig worker” means a person who performs work or participates in a work arrangement that results in a given rate of payment, based on terms and conditions laid down in such contract and includes all piece-rate work, and whose work is sourced through a platform, in the services specified in the Schedule. Note - The Schedule includes food and grocery delivery services (note added by author)

I give three reasons why they should be considered gig workers

• under the current work arrangement, they fall outside of traditional employer-employee relationship

• they work on a piece rate basis; and

• their work is sourced and controlled through a platform

Improving working conditions for pickers

The case to include them under gig work laws is not merely based on the technicality of the definition of a gig worker. It is to give them the rights and protections provided under gig work laws. Pickers face issues similar to workers who are on the road delivering goods, riding cabs, or offering services. These include problems relating to contracts, grievance redressal, working conditions, transparency in payouts, and safe working conditions2 An audit by the Rajdhani App Workers Union (RAWU) noted severe deficiencies in basic amenities and safety standards across 51 dark stores operated by major quick-commerce platforms in Delhi NCR. The audit found that these stores lack basic facilities such as clean and functioning toilets, clean drinking water and rest areas. The Welfare Boards set up under different state based gig work laws should examine this issue and ensure that pickers are provided worker protection under gig work laws.

For arguments sake, lets say that the line of thinking that pickers are gig workers is flawed. Then who are they? ‘Picker’ is not a category of workers under any Indian law. What do you classify them as? A logical assumption would be either employees or contractual workers. This would mean application of labour codes and regulating their contracts, wages, working conditions, and working hours.

Additionally, their classification may also depend on the legal definition of a ‘dark store’. Again, ‘dark stores’ is not a term recognised under any law in India. In terms of their function, they are similar to a warehouse but when it comes to their size and location (usually in residential areas), they have the features of a shop. Depending on how they are classified, they may come under the Occupational Safety, Health and Working Conditions Code, 2020, Code on Wages, 2019 and/or state specific Shops and Establishments Acts. These laws have provisions around worker protection and safety.

Subscribe now

This new year has seen multiple online debates about the Indian gig economy — on wages, social security, working hours, ID blocking and others. The topic that garnered the most attention was on “10-minute deliveries”.

Some argued that the deadline pressure puts workers at risk. Platform companies claimed the gig workers could deliver so fast because of the density of dark stores and efficiency of their packing processes. Even the Central government stepped into the debate, telling quick commerce firms to stop advertising this feature, citing worker safety. Does this solve the problem of adverse impacts on the workers? Sadly, no. The 10 minutes may become 20-minutes, but the worker pressures will not go away. It is like taking Crocin for a fever, without addressing the underlying illness or spraying water to reduce pollution and not tackling the source.

Subscribe now

There are fundamental issues with the design of the platform-based gig economy. And opaque algorithms are at the heart of it. Work allocation, earnings, ID termination, grievance redressal, and worker ratings are all controlled by algorithms. But how these algorithms work is not always clear. Our report, ‘The Algorithmic Human Manager: AI, Apps, and Workers in the Indian Gig Economy’, analyses this matter in detail.

Read more here

Share

Ensuring worker welfare has been a key policy concern around gig work. Several states have passed laws (or are in the process) that seek to put some obligations on platform companies and give gig workers certain rights. Key provisions of all these laws include social security benefits, transparent and timely grievance redressal and algorithmic transparency. Although no state has implemented these provisions yet. Given how Karnataka recently issued Rules for its gig work law, it may be the first state to implement a gig work law in the country. Recently, the government also announced the implementation of the Code on Social Security that seeks to provide social security benefits to gig workers.

Now there are several issues that can be discussed regarding these laws but that’s not the point of this blog. Enough work has already been done on that front. This context was necessary to bring up a more fundamental question about gig work - how do you classify gig workers. Do they have an employee-employer relationship with the platform company?

Companies claim that gig work is not employment as it does not have any participation obligations and workers are free to decide their working hours and days. However, people on the other side of this debate say that platforms exert a high degree of control over workers and there exists only an illusion of freedom. I won’t get into this debate in this blog.

In California the ABC Test is a legal standard that determines whether a worker is an independent contractor or an employee under California law. To classify a worker as an independent contractor, a hiring entity must satisfy all three prongs of the test:

1. A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract and in fact.

2. B: The worker performs work that is outside the usual course of the hiring entity’s business.

3. C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

   If any of these criteria are not met, the worker is classified as an employee.

A new way of classifying gig workers

I want to propose a new way of looking at gig workers - Can gig workers be also classified as “consumers” under the Consumer Protection Act, 2019. Definition of consumer under Act is provided below -

A gig worker is essentially a consumer who is coming to the platform to avail a service. The platform is an intermediary who’s providing the service of discoverability for a price. For instance, I am a carpenter who’s joining a platform and it’s helping me meet a customer who wants my services. Note that most gig platforms charge an onboarding fee from workers. In fact, some ride hailing platforms had introduced a subscription model where they take a certain amount from workers and allow them to use the platform without any commission on rides.

Lawyers can weigh in on whether the definition under the Act can legally cover gig workers. My aim here, however, is to make a conceptual argument rather than a strictly legal one.

If the Consumer Protection Act, 2019 can be applied to gig workers, then it may give them an avenue to approach consumer protection authorities and courts for any violation of consumer rights. Below are the rights that are given to consumers under the Act. While issues like social security and minimum wages still remain priority, application of the Consumer Protection Act may address issues like dark patterns on worker applications, false advertisements regarding incentives and payouts, timely grievance redressal, transparent terms & conditions, and transparent breakup of payouts.

The views expressed are solely my own

Share

Subscribe now

Subscribe now

Impact on gig workers

Essential services like food, transportation, grocery, medicines etc have seen platformization through aggregators. The Indian gig economy has been rapidly expanding in India. NITI Aayog (2022) estimated that in 2020- 21, 77 lakh workers were engaged in the gig economy. This is expected to expand to 2.35 crore workers by 2029-30. Given the ongoing unemployment crisis, the actual number of gig workers could be even higher, as many individuals increasingly turn to gig work out of necessity — distressed employment.

The Code on Social Security , 2020 defines a gig worker as - “a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship”. Although the Act or Rules do not have specific provisions for gig workers, they can be instrumental n giving gig workers control over their personal data processed by aggregators. Giving gig workers the right to their personal data has long been a pressing demand. Since India never had a privacy law this demand did not translate into obligations on aggregators. The Act may address this gap. The Ministry of Electronics and Information Technology (MeitY) shall ensure that aggregators comply with the Act and give workers their rights guaranteed under the Act.

Gig workers should be treated as data principals

The Act defines data principals as “the individual to whom the personal data relates”. It gives several rights to data principles such as the right to: (i) obtain information about processing, (ii) seek correction and erasure of personal data, and (iii) grievance redressal. The Act also allows data fiduciaries to process personal data without consent for certain purposes like employment. MeitY shall ensure aggregators do not invoke this provision to process personal data of gig workers. Note that aggregators have repeatedly taken the stance that gig workers are not their employees.

Empowering workers

The Act will be instrumental in empowering workers and also bring in some degree of transparency in the relationship between the worker and aggregator. Before processing any personal data, an aggregator shall take consent from the worker . A notice must be given before seeking consent. The Rules provide that the notice be presented and be understandable independently of any other information. Further, it should provide certain details that can allow workers to give informed consent. These details include (at the minimum) - (i) an itemised description of personal data being processed; and (ii) specified purpose of, and an itemised description of the goods or services to be provided by such processing.

These details will be key in empowering workers to understand how their data is used and shared by the platform with other entities. This may even help us understand if personal data is being used (and if yes, then what data) by the aggregator’s algorithms for purposes such as order allocation, determining payouts, terminating IDs etc. This will help bring some degree of transparency regarding how aggregators (or their platform’s algorithm) are taking such decisions. While algorithmic transparency remains a contentious issue due to companies citing trade secret protection, getting to know what personal data points are being used and for what purpose by the algorithm will bring some degree of transparency.

Subscribe now

Lastly, workers shall also have the right to access a summary of their personal data that is being processed, along with the processing activities undertaken in relation to such data. They shall also have the right to know the identities of all other Data Fiduciaries and Data Processors with whom their personal data has been shared, along with a description of the personal data that has been shared. The MeitY shall ensure that when workers request these details, the information is provided in a format and manner that is easily accessible, clearly understandable, and legible to them.

The MeitY shall ensure aggregators fulfill all their obligations under the Act regarding processing personal data of gig workers. If implemented effectively and complied with in its true spirit, the Act has the potential to be instrumental in empowering gig workers by granting them meaningful rights and control over their personal data.

Subscribe now

Share

Arbitrary control over flow of information by private companies isn't a new issue. We've seen this problem with social media platforms and their content moderation policies.

The Facebook case of the Napalm Girl is a good example (do read if you haven't)

These policies are heavily influenced by political regimes. The recent decision by Meta regarding fact checking is another good example.

The IT Rules in India through the safe harbor protection tried to address this issue to some extent. Although conversations around revisiting this framework have also started.

Be it a social media platform or AI model, the issue boils down to mitigating harm (emerging out of speech) vs protection of free speech.

Given the kind of control and impact AI has on flow on information in society, it is crucial that our understanding of AI Safety includes protection of free speech and mitigating harm.

Further, our understanding of robustness should include obligations on AI companies to be accurate and complete when it comes to their outputs.

In a world where AI is being used in sectors like education, healthcare etc, you really don't want the integrity of the information compromised.

Subscribe now

Share

The Act was passed by Parliament in August 2023. It provides for the protection of personal data and the privacy of individuals. It requires all data fiduciaries (entity determining purpose and means of processing) to process personal data only for a lawful purpose after obtaining the consent of the user. The Act also gives certain rights to users. These are the right to: (i) obtain information about processing, (ii) seek correction and erasure of personal data, (iii) nominate another person to exercise rights in the event of death or incapacity, and (iv) grievance redressal.

This blog argues that there may be a gap in the Rules that may allow children to give false declarations about their age. This could lead to such children being exposed to harmful content on the internet in the absence of any protection. Further, it also argues that consent from children (in cases of false declarations) may not be meaningful and legal under the Act. This may require companies to verify the age of all users.

Consent for processing personal data of children

Under the Act, all fiduciaries are required to obtain verifiable consent from the parent of the child or the lawful guardian before processing the personal data of a child. A child is defined as someone below 18 years of age. The Rules provide that the fiduciary shall adopt appropriate technical and organisational measures to take such consent. The fiduciary shall also observe due diligence to ensure the parent is an adult through: (i) identity and age of parent available with it, or (ii) voluntarily provided details, or (iii) a token issued by an entity entrusted by the central or state government.

The Rules provide certain illustrations to show the functionality of this provision. All the illustrations are reproduced below-

C is a child, P is her parent, and DF is a Data Fiduciary. A user account of C is sought to be created on the online platform of DF, by processing the personal data of C.

Case 1: C informs DF that she is a child. DF shall enable C’s parent to identify herself through its website, app or other appropriate means. P identifies herself as the parent and informs DF that she is a registered user on DF’s platform and has previously made available her identity and age details to DF. Before processing C’s personal data for the creation of her user account, DF shall check to confirm that it holds reliable identity and age details of P.

Case 2: C informs DF that she is a child. DF shall enable C’s parent to identify herself through its website, app or other appropriate means. P identifies herself as the parent and informs DF that she herself is not a registered user on DF’s platform. Before processing C’s personal data for the creation of her user account, DF shall, by reference to identity and age details issued by an entity entrusted by law or the Government with maintenance of the said details or to a virtual token mapped to the same, check that P is an identifiable adult. P may voluntarily make such details available using the services of a Digital Locker service provider.

Case 3: P identifies herself as C’s parent and informs DF that she is a registered user on DF’s platform and has previously made available her identity and age details to DF. Before processing C’s personal data for the creation of her user account, DF shall check to confirm that it holds reliable identity and age details of P.

Whose responsibility is to detect whether the user is a child

Onus lies on fiduciary: A plain reading of the Act suggests that, a data fiduciary will have to verify the age of everyone signing up for their services in order to identify who’s below 18. And then seek parental consent from their parent/ guardian. This could have an adverse impact on anonymity on the internet. This is because proving one’s age essentially requires some form of identification.

Illustration: A and C sign up on B’s application. B asks both A & C to verify their age. After age verification, it turns out that A’s age is 30 and C is 15 years old. A is allowed to sign up for B’s application. B sends a request for consent to C’s parent/ guardian.

Onus lies on child or parent/guardian: Reading the Rules with the illustrations, one could argue that the onus of verifying age does not lie on the fiduciary. Only when a child or a parent/ guardian voluntarily declares that the user is below 18 is when a data fiduciary needs to obtain parental consent. Under this mechanism, everyone need not prove their age for signing up for services. However, the issue is that the onus of age declaration rests on the child or parent. This could result in several cases of false declarations by children. Further, parents may not be that technologically equipped to proactively control the online activities of their children. This may defeat the purpose behind the provision which is protection of children from online harm.

Illustration: C is a child who signs up for D’s services on their application. C is asked whether they are below or above 18 years. C says that they are above 18 and is allowed to sign up on D’s application.

As a due diligence measure (not an obligation under the Act or Rules), over time what may happen is that platforms take note of such incidents and implement mechanisms to detect accounts of children who have signed up without their parent’s consent.

The other key question is whether the consent given by a child (declaring themselves as an adult) is even meaningful and legal and can platforms be held liable in such cases where they process the personal data of such a child. This is because the Act provides that personal data may be processed only for a lawful purpose for which the data principal has given consent (emphasis added). The Srikrishna Committee (2018) while discussing age of consent for children noted that in order to be consistent with India’s existing legal framework, the age of consent should be 18 years. Note that under the Indian Contract Act, 1872, the minimum age to sign a contract is 18. If this reading is accurate then the case may be that data fiduciaries would ensure that they verify the age of all users to ensure no child signs up for their services without parental/ guardian consent.

Subscribe now

Share

Key Global Trends

• Declines in Representation and Rights: The report identifies a worrying trend of decline in the categories of Representation and Rights. Factors like credible elections and effective parliaments have weakened within Representation, while economic equality, freedom of expression, and freedom of the press have seen the largest decreases within Rights. These declines raise concerns about the fundamental structures of democratic systems.

• Regional Variations: Declines are most prevalent in Africa and Asia and the Pacific, while advances are more common in West Asia and the Americas. Coups in Africa have negatively impacted both Representation and Rights.

• Elections as a Means of Change: Despite challenges, elections are still a vital way to facilitate peaceful transfer of power and halt negative trends in democratic development.

• The Indian Election: The 2024 Indian election saw opposition parties gain enough seats to challenge the ruling party, which could lead to stronger checks and balances. The maturity of Indian voters and the work of countervailing institutions contributed to the success of the election.

Electoral Integrity in the Spotlight

• Public Trust Under Threat: The report notes a decline in public confidence in elections, with many people expressing distrust in their countries' electoral processes. This is due to declines in credible elections, free political parties, and freedom of expression and of the press.

• Disputed Elections: The report introduces new data on disputed elections, categorizing rejections of elections into opposition boycotts, lack of concession from losing candidates, and legal challenges. A significant number of legal challenges are focused on the voting process and vote counting.

• Expert vs. Public Perceptions: While experts are more concerned with campaign finance and media coverage, the public is more concerned with the voting process and vote counting. This may be because voters have more direct interaction with these stages of the election cycle.

• False Narratives: Public faith in electoral integrity is being threatened by false narratives that seek to discredit elections. Disinformation is a significant concern, although there is little data on the extent of its impact on voters.

Policy Recommendations

The report offers a set of policy recommendations designed to improve public confidence in elections. These include:

• Incorporating public perceptions: Electoral management bodies (EMBs) should acknowledge and respond to public opinion by including public perceptions in their operational planning, and should pay special attention to voter's access to and understanding of the voting and vote counting processes.

• Prioritizing communication: Consistent and meaningful communication with the public is key. EMBs should work with partners to provide information on voting processes and vote-counting rules and regulations, and explain what types of errors are considered serious.

• Strengthening Countervailing Institutions: The report emphasizes the need to strengthen institutions that balance the distribution of power between branches of government and ensure that popular priorities are part of decision making. These institutions include civil society organizations, media, and the courts.

• Increased research: The report calls for more research into the impact of special voting arrangements, fake election observation missions, and election-related violence and disinformation on public confidence in electoral integrity.

• The Importance of Public Trust: The report stresses that public trust in elections is crucial for the success of democracy. When elections fail, democracy becomes impossible, and a failure of perception is as serious as a failure of substance. It is essential to maintain public trust in electoral pathways to political change.

  Subscribe now

Conclusion

The 2024 GSoD report serves as a call to action, particularly in a year with so many elections. By understanding the current trends, strengthening electoral integrity, and prioritizing public engagement, we can work to ensure that democracy continues to thrive. The focus on category-level performance rather than overall regime types helps with a more nuanced understanding of where democracy is thriving or suffering, and allows for more targeted reforms and interventions.

Share

1. The Indian Constitution by Granville Austin

This book tells the story of how the members of the Constituent Assembly wrote the Constitution. It explains the debates and decisions that shaped the foundation of modern India.

2. A People's Constitution by Rohit De

This book shares stories of ordinary Indians who used the Constitution to fight for their rights. These real-life cases show how the Constitution has evolved over time with the help of its citizens.

3. Sixteen Stormy Days by Tripurdaman Singh

This book focuses on the First Amendment to the Constitution. It explores how Jawaharlal Nehru and the Indian National Congress worked to pass changes that affected freedom of speech and property rights.

Share

4. India’s Founding Moment by Madhav Khosla

This book takes a close look at the discussions and debates in the Constituent Assembly. It explains how ideas like democracy, equality, and federalism were thought about and put into the Constitution.

5. The Transformative Constitution by Gautam Bhatia

This book explains how the Constitution was designed not just to make Indians citizens instead of colonial subjects but also to change social structures. It’s a great read for understanding the impact of the Constitution on society.

These books are not just for legal experts. They are for anyone who wants to understand the story of India’s democracy. As the debate in the Lok Sabha continues, these works can help us appreciate the significance of the Constitution and its role in our lives.

Watch the Debate in Lok Sabha here

Subscribe now

Share

Overview

Prime Minister Anthony Albanese announced plans to introduce legislation by the end of 2024, setting a minimum age for social media usage between 14 and 16 years. This initiative seeks to mitigate the adverse effects of social media on young people, including exposure to inappropriate content, cyberbullying, and addiction.

Rationale Behind the Ban

The decision stems from increasing evidence linking social media use to mental health issues among adolescents. Instances of cyberbullying have tragically led to youth suicides, prompting urgent calls for regulatory action. The government aims to protect children from these harms by enforcing stricter age limits.

Implementation Challenges

Enforcing this ban presents significant challenges, particularly in verifying users' ages without infringing on privacy. The government is exploring age verification technologies to ensure compliance while safeguarding user data. Additionally, there are concerns about the potential isolation of marginalized youth who rely on social media for community and support. Companies like Meta have mentioned that if such a law is passed then they will be complying but they have doubts around whether the technology is ready to implement such a law.

Public and Political Response

The proposal has garnered support from various quarters, including opposition parties and advocacy groups concerned about youth welfare. However, some experts caution that a blanket ban may not address underlying issues and could inadvertently limit beneficial aspects of social media, such as educational content and peer support networks.

Are there similar laws in India?

India’s data protection law - Digital Personal Data Protection Act, 2023. The Act requires all data processing entities to obtain verifiable consent from the legal guardian before processing the personal data of a child (person below 18). There have been few concerns around this provision. Firstly, it is not clear how are companies required to verify the age of a person. Secondly, this provision requires companies to verify the age of all users in order to determine who’s below 18. This may help avoid instances of children giving false declaration but this will reduce anonymity in the digital sphere.

Subscribe now

Share

Key features of the Act include:

Purpose of the Act

The Act aims to protect people from exploitation rooted in ignorance and superstition. It promotes social awareness and seeks to create a safe social environment free from harmful practices.

Prohibited Practices

The Act prohibits human sacrifice, black magic, and other Aghori practices. These practices include:

• Physical and psychological abuse under the guise of expelling ghosts or witches.

• Financial exploitation by displaying "miracles."

• Coercion into dangerous practices for supernatural favors.

• Human sacrifice and inhuman acts for material gain or resources.

• Intimidation using claims of supernatural powers.

It prohibits the performance, promotion, advertisement, or encouragement of such practices. Any violation of these provisions, whether directly or through another person, constitutes an offense under the Act.

Penalties

Violations of the Act can result in:

• Imprisonment for a term not less than six months, extendable to seven years, and fines ranging from five thousand rupees to fifty thousand rupees.

Vigilance Officers

The Act establishes Vigilance Officers with powers to:

• Investigate and prevent violations of the Act.

• Gather evidence for prosecution.

• Assist police stations in handling cases.

These officers will be of a rank not below Police Inspector and have the authority to:

• Enter and search suspected premises.

• Seize materials related to prohibited practices.

• Examine and seize relevant documents or objects.

Exemptions

The Act clarifies that it does not apply to:

• Traditional forms of worship, religious rites, celebrations, and festivals.

• Practices like Vastushastra, astrology, and advice regarding groundwater.

In case you found this blog useful, then do

Share

And if you have not subscribed yet then

Subscribe now

For more such updates, resources, and opportunities in the policy space, join our Public Policy Community on Telegram - https://t.me/policycommunity

Context of the Case

• The ruling stemmed from a dispute over compensation in cases of death under the Motor Vehicles Act, 1988. Under the Act, compensation is determined by factors such as the income and age of the deceased, as well as the number of dependents.

• The Punjab and Haryana High Court had relied on the victim's Aadhaar card to calculate the age, which affected the compensation amount.

• The victim’s family appealed to the Supreme Court, contesting the age of the victim based on the School Leaving Certificate.

• The Supreme Court set aside the High Court’s decision and ruled that Aadhaar is not a reliable document for determining age.

Legal Basis

• The Supreme Court noted that under the Juvenile Justice (Care and Protection of Children) Act, 2015, a matriculation or equivalent certificate from the concerned examination board can be used to determine the age of a person. The Act addresses children in conflict with the law and those in need of care and protection.

• The Court also referred to its 2018 judgment, which recognized Aadhaar as a proof of identity but not of age. Furthermore, several High Courts have ruled that Aadhaar cannot be used as proof of age.

• Additionally, the Unique Identification Authority of India (UIDAI), the entity that manages and issues Aadhaar, stated in a circular that although Aadhaar can establish identity, it is not per se a proof of date of birth.

Implications

• Today, Aadhaar is widely used to access several services, both government and private. For many people, these services are critical for their daily livelihoods.

• It will be crucial to monitor how this ruling impacts services where Aadhaar was used to determine age for eligibility to certain schemes and benefits.

• Furthermore, many private companies have been using Aadhaar to verify the age of individuals. This ruling gains additional importance in the context of India’s Data Protection Act, which mandates companies to verify whether someone is above or below 18 years of age.

• The government is yet to release the Rules under the Act, which will outline how companies are to credibly verify the age of a person.

In case you found this blog useful, then do

Share

And if you have not subscribed yet then

Subscribe now

For more such updates, resources, and opportunities in the policy space, join our Public Policy Community on Telegram - @policycommunity

In the past few months, one topic of discussion that has popped up in almost 70% of my conversations has been AI. But almost 80% of these people (including me) don’t really understand AI. Before delving into questions about the value addition by these technologies, their cost, sustainability etc, there is a need to step back and understand what exactly is AI and how does it work. I am not saying these questions are not important but in order to think and come up with solutions for these questions, we need to first understand the technology.

Every second video on youtube or post on X is about AI but none of these try to explain AI to the common person. AI is just not Chat GPT. It is much more than that. AI has been in our lives for a long time now (in different forms). From being in google search engines to Netflix recommendations, companies have been using AI for a long time now. It is only with the Chat GPT hype that AI has become a buzzword.

Even I did not know this and I still don’t know a lot. Regular content on AI on social media platforms will not break down AI for you in a language that can be easily understood by a non-technical person (like me). So what you want is - AI Literacy. There is a need of people explaining this technology for a person curious to learn about these things. And by AI literacy I don’t mean content like - “10 Chat GPT hacks to improve your efficiency at work”.

While I still have not come across a lot of content that seeks to breakdown AI, I have collated some readings which in my opinion do a decent job in explaining AI. Here are these readings -

• AI Snake Oil Substack & Book

• PRS Legislative Research Note on AI (comprehensive readings in the citations)

• Artificial Intelligence: An explainer

• How is artificial intelligence affecting society?

• Computational Power and AI

• Make no mistake—AI is owned by Big Tech

Hope you find these readings useful.

In case you would like to recommend some other reading/ video/ podcast, feel free drop a comment or reach out to me.

Thanks!

In case you found this blog useful, then do

Share

And if you have not subscribed yet then

Subscribe now

The Bill saw a heated and a long debate in Parliament that lasted for about two hours with about 20 Members of Parliament (MP) participating. These included MPs like Asaduddin Owaisi, Akhilesh Yadav, and Supriya Sule. After the introduction of the Bill, it was referred to a Joint Parliamentary Committee chaired by BJP MP Jagdambika Pal.

Formation of Waqf

Previously, waqfs could be established through declarations, long-term use, or endowments when a line of succession ended. However, the new Bill narrows this down:

• Declaration of Waqf: Only Muslims who have practiced Islam for at least five years and own the property can declare a waqf.

• Waqf by User: This method is now removed from the legislation.

• Waqf-alal-Aulad: The Bill stipulates that waqf created when the donor’s line of succession ends must not infringe on the inheritance rights of the donor’s heirs, including women.

Government Property as Waqf

The Bill introduces a clear directive regarding government property:

• Property Identification: Government properties cannot be designated as waqf. The Collector will handle ownership disputes and update records if necessary.

Determining Waqf Properties

The role of the Waqf Board in determining whether a property is waqf is eliminated under the new Bill. Instead, this responsibility will be managed by the Collector, who will also oversee waqf surveys as per state revenue laws.

Survey of Waqf Properties

The Bill shifts the responsibility for surveying waqf properties from a Survey Commissioner to Collectors. This change aligns with existing state revenue laws for pending surveys.

Central Waqf Council Composition

The Central Waqf Council’s composition sees a notable change:

• Council Membership: The Council will now include two non-Muslims among its members, although representatives from Muslim organizations, Islamic law scholars, and Waqf Board chairpersons must be Muslim. Notably, two Muslim members must be women.

Waqf Boards

The Bill redefines the structure of Waqf Boards:

• Membership Nominations: Instead of elections, the state government will nominate members, who need not be Muslim. The Board must now include two non-Muslim members and representatives from Shia, Sunni, Bohra, and Agakhani communities if they have waqf properties in the state. At least two Muslim members must be women.

Tribunal Composition

For resolving waqf disputes, the Bill changes the tribunal composition:

• Tribunal Members: The Bill removes the requirement for a member knowledgeable in Muslim law and jurisprudence. Instead, the tribunal will be led by a current or former District Court judge and include a current or former officer of the rank of joint secretary.

Appeals on Tribunal Orders

The Bill changes the appeal process for tribunal decisions:

• Appeals: Unlike the previous Act, which deemed tribunal decisions final with some High Court review options, the Bill allows appeals to the High Court within 90 days of a tribunal's order.

Powers of the Central Government

The central government’s role is expanded under the Bill:

• Regulatory Powers: The central government will now set rules for registration, account publication, and Waqf Board proceedings. It will also have the authority to audit waqf accounts through the Comptroller and Auditor General (CAG) or a designated officer.

Waqf Boards for Different Sects

The Bill makes provisions for Waqf Boards based on sectarian representation:

• Separate Boards: If Shia waqf constitutes more than 15% of total waqf properties or income in a state, separate boards for Sunni and Shia sects may be established.

Thanks for reading.

For more such insights into Indian public policy

Subscribe now

And if you found this blog informative and useful then do

Share

Om Birla elected again as Speaker but still no Deputy Speaker

The session saw Lok Sabha re-electing Om Birla as the Speaker of the House. This is the sixth time that a Speaker has been reelected for a second term, the last time was in 1999. Even after the post of Deputy Speaker being vacant for the entire 17th Lok Sabha, the Deputy Speaker was still not elected in the newly formed Lok Sabha.

82% of first-term MPs participated in debates

In the Lok Sabha, Tamil Nadu MPs were the most active in debates, followed by those from Kerala and Rajasthan. Shiv Sena MPs led in question-asking on average, with MPs from the Nationalist Congress Party (Sharadchandra Pawar) and Telugu Desam Party coming next. This data is limited to states and parties with a minimum of 10 MPs. Among first-term MPs, 82% engaged in debates, while 61% took part in Budget discussions.

Duration of General Discussion on the Budget was the highest ever

During this session, over 27 hours were dedicated to the general discussion in the Lok Sabha, marking a significant increase compared to recent years.

42% of MPs Choose Hindi for Oath; English, Marathi, and Tamil Among Top Choices

42% of MPs swore their oath in Hindi, 7% in English, and 4% in Sanskrit. Approximately 50% of Lok Sabha MPs took their oath in other languages, with Tamil, Marathi, Bengali, and Telugu being the most commonly used, reflecting the languages of states with the highest number of MPs.

Note: If you’re someone who’s interested in Parliament and Legislatures then check out PRS Legislative Research. In case, you’re looking to work here, check out their Careers Page. If you want any help in applying, then feel free to reach out to me.

If you enjoyed reading this then

Share

And if you have not subscribed then

One of the key reasons to introduce the Bill is that the Aircraft Act has gone through several amendments due to which there have been some ambiguities and confusion experienced by the stakeholders. In order to remove such issues and ensure ease of doing business, this Bill was introduced.

MPs opposed the introduction of the Bill

Some MPs in Parliament opposed the introduction of the Bill on the grounds that the name of the Bill is in Hindi and that it violates the Constitution. MPs mentioned that the Constitution mandates that bills brought to Parliament should be in English. The Minister in response mentioned that “We are not violating any constitutional provision by mentioning the name of the Act as Bharatiya Vayuyan Vidheyak. We are trying to create a new identity of India and for that, we have kept this name. This should not be a problem for anyone. The text is in English only. There should not be any problem”.

Key features of the Bill

This Bill aims to regulate the civil aviation sector and retains the three three statutory authorities established by the Aircraft Act: (i) the Directorate General of Civil Aviation (DGCA) for regulatory functions and safety oversight, (ii) the Bureau of Civil Aviation Security (BCAS) for security oversight, and (iii) the Aircraft Accidents Investigation Bureau for investigating aircraft accidents. The central government retains the power to issue directions to these authorities and review their orders if necessary in the public interest. The Bill maintains the regulatory framework and most provisions of the 1934 Act.

Regulation of aircraft design

• The Bill continues to regulate activities related to aircraft, such as manufacturing, possession, use, operation, and trade, and additionally seeks to regulate aircraft design.

Rule-making powers

• The central government remains empowered to make rules on various matters, including regulating specified aircraft-related activities, licensing, certification, inspection, air transport services, and implementing the 1944 International Civil Aviation Convention.

• The Bill adds that the government may also make rules regarding radio telephone operator certificates and licenses under the International Telecommunication Convention.

Appellate mechanism

• The Bill retains the provision allowing the central government to impose penalties for rule violations and appoint an officer of at least Deputy Secretary rank for penalty adjudication. Decisions by this Adjudicating Officer can be appealed to an Appellate Officer of higher rank.

• The Bill introduces an additional appeal level, allowing appeals against the First Appellate Officer's decisions to a Second Appellate Officer of higher rank.

Appeals against DGCA and BCAS orders

• The Bill states that appeals against orders from the DGCA or BCAS can be made to the central government, with no further appeals allowed against the central government's decisions.

Thanks for reading.

If you have not subscribed to my blog then

Subscribe now

And if you found this blog informative and useful then do

Share

Gross Domestic Product (GDP)

• The Economic Survey has projected a real GDP growth rate of 6.5%-7% for 2024-25, following an 8.2% increase in 2023-24. The anticipated growth for 2024-25 is expected to be driven by robust domestic investment demand, better agricultural output, and rising merchandise and services exports.

• However, the survey also highlighted potential challenges to economic growth, including geopolitical risks that could disrupt supply chains, higher commodity prices, increased protectionism, and renewed inflationary pressures. Additionally, a potential slowdown in private capital investment due to concerns over cheaper imports and the progress of the southwest monsoon could also affect growth.

Inflation

• Retail inflation in 2023-24 was 5.4%, the lowest since the Covid-19 pandemic. Food inflation, however, rose from 6.6% in 2022-23 to 7.5% in 2023-24 due to the Russia-Ukraine war and domestic weather conditions. Core inflation, which excludes food and energy prices, eased in 2023-24, largely due to lower housing rental inflation.

• The Reserve Bank of India estimates retail inflation to be 4.5% in 2024-25. The Survey noted that India's short-term inflation outlook is favorable but emphasized that long-term price stability will require specific measures. These include expanding the cultivation of pulses, developing modern storage facilities for vegetables, and effectively monitoring price increases from the farm gate to the final consumer.

Agriculture and allied activities

• India’s agriculture sector has achieved an annual average growth rate of 4.2% over the past five years. In 2023-24, the sector grew at a rate of 1.4%, down from 4.7% in 2022-23, mainly due to reduced foodgrain production caused by delayed and poor monsoons.

• The Survey highlighted that despite being a major agricultural producer, India’s crop yields are significantly lower than those of other leading producers. Factors contributing to low yields include: (i) fragmented land holdings, (ii) insufficient farm investment, (iii) lack of farm mechanization, and (iv) limited access to quality inputs. Allied activities such as livestock and fisheries have outperformed traditional crops. From 2014-15 to 2022-23, the share of livestock in agriculture’s gross value added rose from 24.3% to 30.4%, and the share of fisheries increased from 4.4% to 7.3%.

Employment

• The Survey observed improvements in Indian labor market indicators over the past six years, with unemployment falling to 3.2% in 2022-23. However, India needs to create an average of approximately 7.85 million jobs annually in the non-farm sector until 2030 to accommodate a growing workforce. Agro-processing and the care economy are identified as two promising sectors for generating and sustaining quality employment.

• The rise of artificial intelligence represents the most significant disruption to the future of work, offering the potential to enhance productivity but also threatening jobs in certain sectors. State governments can support business hiring by simplifying compliance requirements and reforming land laws. As the private sector generates jobs, businesses must remain mindful of their role in employment creation.

Climate change and energy transition

• India has made significant progress in renewable energy, achieving a cumulative installed solar power capacity of 82.6 GW by the end of April 2024. By May 31, 2024, non-fossil fuel sources accounted for 45% of India’s total installed electricity generation capacity. The framework for Sovereign Green Bonds has facilitated funding for green projects, with the government raising Rs 36,000 crore through these bonds in 2023.

• The Survey highlighted India’s dual challenge of meeting energy demands while reducing carbon emissions. The transition to non-fossil fuel sources has been challenging, underscoring the need for a diverse energy mix. This diversification is crucial for India to pursue low-emission pathways and minimize risks related to energy systems. The availability and affordability of financial resources will be key to driving the green transition.

Thanks for reading.

If you have not subscribed to my blog then

Subscribe now

And if you found this blog informative and useful then do

Share

Much has been said about this move. Some have argued that this was a much needed reform but critics say that these laws are mostly a replica of the old laws and don’t seek to reform the criminal justice system. A notable comment was made by the Chief Justice of India who described the passing of these laws as a "watershed moment for society"

Recently, the judiciary has made another intervention into the debate around the new criminal laws. The Supreme Court raised questions on the BNS and had observed that it had reproduced Section 498A of the Indian Penal Code verbatim. The Court urged the government and Parliament to make necessary changes in the new criminal code while considering pragmatic realities.

Section 498A has provisions relating husband or relative of husband of woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

This comment by the Court on asking the Parliament to reconsider this provision comes due to the Court’s concerns around the misuse of this provision.
While hearing a case relating to proceedings against the husband under this provision, the Court stated-

"Many times, the parents, including the close relatives of the wife, make a mountain out of a mole. Instead of salvaging the situation and making all possible endeavours to save the marriage, their action, either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about the destruction of marriage on trivial issues. The first thing that comes to mind of the wife, her parents and her relatives is the police as if the police are the panacea of all evil. No sooner the matter reaches up to the police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed,".

The Court was listening to a petition demanding the protection of two critically endangered bird species on the International Union for Conservation of Nature (IUCN) Red List – the great Indian bustard (GIB) and the lesser florican. The decline of these species may be attributed to impacts of climate change and also to high voltage power lines crisscrossing their flying path. While dealing with this matter the Court also touched upon the issue of climate change and its impact on human life. This blog would focus on that part.

No umbrella law on climate change

It recognised that while India has several laws that deal with issues of climate change, it does not have an umbrella law on climate change. However, this does not mean that the people of India do not have a right against the adverse effects of climate change.

Article 21 & 14 of the Indian Constitution

The Court noted that Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change.

The Court explained how a clean environment is a critical element in ensuring that people can exercise their right to life and personal liberty (Article 21). Further, the inability of underserved communities to adapt to climate change or cope with its effects violates the right to life as well as the right to equality (Article 14). For example - If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones. The right to equality would undoubtedly be impacted in each of these instances.

The Court also acknowledged that the recognition of human rights within the context of climate change is present in the Paris Agreement as well -

“Acknowledging that climate change is a common concern of humankind, Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.”

The Court concluded by stating that by recognising the right to a healthy environment and the right to be free from the adverse effects of climate change, states are compelled to prioritize environmental protection and sustainable development thereby addressing the root causes of climate change and safeguarding the wellbeing of present and future generations.

“It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.”

To Read the entire judgement, see here

Haven’t subscribed?

Subscribe now

Want to tell your friends and family that they have a right against climate change?

Share