Quote of the Day

 No legacy is so rich as honesty.

William Shakespeare

August 9: International Day of the World’s Indigenous Peoples

 International Day of World’s Indigenous Peoples is commemorated on August 9, every year worldwide. It highlights the role of indigenous people and significance of preserving their rights. UNESCO celebrates this day by sharing information on projects and activities in line with the annual theme of the day.

Theme of the Day:

In year 2022, the International Day of the World’s Indigenous Peoples is being observed under the theme- “The Role of Indigenous Women in the Preservation and Transmission of Traditional Knowledge.” The theme signifies the importance of indigenous women in preserving the ancestral knowledge, protecting natural resources and indigenous territories.

Condition of indigenous women:

Indigenous women are inadequately represented across the world. They face several discrimination and violence.

Rights of Indigenous people

Rights of the Indigenous people exist to recognise their specific condition. Rights include- the basic human rights of physical survival & integrity, as well as rights on their land, religion, language, and other elements of cultural heritage.

History of the Day:

The United Nations General Assembly has passed the resolution 49/214 on December 23, 1994 to declare August 9 as International Day of the World’s Indigenous People. On August 9, 1982, the UN Working Group on Indigenous Populations had the first meeting. Year 1993 was also celebrated as “International Year of the World’s Indigenous People”.

Current Affairs-August 10, 2022

 INDIA

– Nitish Kumar ends alliance with BJP, quits as Bihar CM

– Marathi actor Pradeep Patwardhan passes away at 52

– Indo-US Joint Special Forces exercise “Ex Vajra Prahar 2022” starts at Bakloh, Himachal Pradesh

ECONOMY & CORPORATE

– 12th edition of Defence Expo to be held in Gandhinagar, Gujarat in Oct; theme: is ‘Path to Pride’

– Agriculture Minister Narendra Singh Tomar lays foundation stone of Indo-Israel Center of Excellence for Vegetables in Chandauli, UP

WORLD

– International Day of the World’s Indigenous Peoples celebrated on August 9

– Afghan Taliban’s security forces and Pakistani military clash on Durand Line in Dangam district of eastern Kuanr province

– Pakistan: 4 army personnel killed in suicide blast at military convoy in Khyber Pakhtunkhwa’s North Waziristan district

– US returns 30 stolen works of art and antiquities to Cambodia

SPORTS

– 44th Chess Olympiad held in Chennai: Uzbekistan win gold in open section, Ukraine in women’s; India win bronze in both

– Former South African cricket umpire Rudi Koertzen dies at 73; umpired in 128 Tests, 250 ODIs. 19 T20Is

– Former Indian bowler Manoj Prabhakar takes over as Nepal cricket team coach

Top 5 Institutes offering creative writing courses in India

 Everything in life is writable about if you have the outgoing guts to do it, and the imagination to improvise. The worst enemy to creativity is self-doubt. ~ Sylvia Plath

A world of imagination can exist in writing. In this kind of expression, the words you use and the way you use them makes all the difference. The field of writing has only recently grown to be a significant global industry, and as a result, it has also found mentioned in the list of reliable professions. One of the most popular types of writing nowadays is creative writing, with more and more people opting for specialised courses in the domain.

A Creative Writing course can be defined in a variety of ways, based on what the course aims to teach you. Some courses will cover ways to become a freelance writer and generate income from full-time or part-time work. Other courses will emphasize improving your writing, regardless of whether or not it is intended for publication. But the majority of creative writing classes will teach you how to write across a variety of genres, fiction, nonfiction, and poetry.

Remember that while starting a career, it is always best to be fully prepared and trained. However, one big challenge that prospective Creative Writing students face is locating courses that are dependable, affordable, and will give them a sure shot at being successful. Choosing any random Creative Writing programme can sometimes spoil your learning experience, so be very selective in your choices.

We bring you the top 5 institutes and platforms offering creative writing courses in India:

British Council India

In order to help prospective writers, the British Council offers a variety of writing courses. For any and all aspiring writers who wish to start a profession in creative writing, the place is genuinely trustworthy and reputable. The courses are also very well timed, with the 36-hour course wrapping up in 9 weeks according to the schedule. Additionally, they also offer fantastic deals that prospective writers can advantage of since all their courses are very reasonably priced. The course's curriculum encourages students to find their unique writing style and vision, encouraging unconventional thinking, enhancing artistic expression, and helping them to articulate their ideas clearly, and establish a critical understanding of various writing styles. The courses offered are:

• Creative Writing for Adult: 36 hours I 9 weeks I weekend online classes
• Creative Writing for Kids: 18 hours I 6 weeks I weekend online classes

Udemy

Over 15000 people are currently signed up on the online learning and teaching platform, Udemy. In fact, the platform has already seen upwards of 4 million users since its inception. If you're a newbie seeking a Creative Writing Course that can influence your entire career, Udemy is unquestionably the place for you. Udemy certainly has your needs covered, from offering the lowest prices and discounts to giving you lifetime access to the study material you buy. When you search for Creative Writing Courses on Udemy, you'll find plenty of courses taught by a wide range of qualified experts. These will give you a thorough understanding of the topic you want to explore. Some of the courses they offer are:

• Writing Book Creative Writing Skill
• Write a Novel Outline from Scratch
• Creative Writing Non-Fiction

Xavier Institute of Communication

Mumbai's Xavier Institute of Communication, an autonomous university offers a wide range of creative possibilities. The Xavier Institute of Communication's Creative Writing Course consists of 8 sessions or a total of 16 hours of training. You'll be given a variety of writing assignments throughout the course, and you'll get feedback on them from both professionals and fellow writers. After completing the programme, you'll be well-versed in both composing and presenting creative works. A variety of genres will be covered, and you'll learn how to approach each one successfully. You can sign up for the:

• Creative Writing Workshop: 8 sessions of 2 hours each

Henry Harvin Writing Academy

South Asia's first certified creative writing course is offered by Henry Harvin Education, one of India's top edtech firms. The Creative Writing Training teaches writers to express their imagination via language. Both online and offline options are available for the course. In contrast to the Online mode, which provides 50 hours of access to e-Learning material, the Offline mode provides 24 hours of training and 24 hours of study sessions. The instructors are experienced writers and trainers with a combined experience of over ten years, and the students work on actual content writing assignments as part of their training. Some of the courses offered are:

• Articulate Storyline 360 Course
• Creative Writing Course
• Master Creative Writing Course
• Copywriting Course

Coursera

Coursera is a platform you just cannot overlook while looking for the finest creative writing programmes. A 100% online, flexible schedule offering self-paced learning, a shareable certificate, and highly qualified instructors who will successfully direct and supervise you during the duration of the course, as well as peer interaction and review, are all a part of the Coursera package. Through rigorous instruction, students learn the tricks of the trade. Learn the secrets used by experienced writers to craft a moving story, memorable characters, appealing settings or even their just developing their distinctive style. You will also assess and evaluate the writing of others, greatly increasing your exposure to writing styles. Some of the courses offered on Coursera are:

• Creative Writing
• Write Your First Novel
• Creative Writing: The Craft of Plot
• Sharpened Visions: A poetry workshop

Every day youngsters encounter new experiences. They pick up new words which help them expand their vocabulary. All these fresh experiences aid in the development of a creative and inquisitive mind. These new experiences may also spark ideas that the person can develop into stories or creative writing. Emotional skills can also be developed through creative writing - you can channel your emotions and learn how to manage a circumstance by making up a story. And there’s no better time or place to learn the art of storytelling than now and at these institutes.

Source: Telegraph, 8/08/22

Sex work and dignity

 In Budhadev Karmaskar vs State of  West Bengal, the Supreme Court held that such basic protections as decency and dignity are guaranteed to every individual notwithstanding his/her profession. The order is being hailed for granting new rights to sex workers. But is it too soon to celebrate?

To begin with, the apex court has merely reiterated a well-settled law. Voluntary sex work is not illegal in India. Running brothels, living on the earnings of prostitution of any other person, prostitution in public places and so on are illegal under the Immoral Traffic (Prevention) Act, 1956.Sex work per se is not prohibited by the ITPA but its provisions render it impractical.

The Supreme Court constituted a panel headed by the senior advocate, Pradip Ghosh, to submit a report on the prevention of trafficking, rehabilitation of sex workers and implementing conditions conducive to sex workers’dignity under Article 21 of the Constitution. The panel made 10 recommendations to secure the rights of transgenders,sensitise authorities, and spread public awareness. The Centre has objected to four of these recommendations, each of which deals with substantive rights — the police must not take action if a sex worker is an adult and has consented;the police should refrain from arresting sex workers as sex work is not illegal; governments should include sex workers in the policy-making process; and children of sex workers should not be separated on account of their profession. A study conducted by Sangram revealed that the police often use the law to justify violence, raids and extortion.Significantly, the authorities assume that sex workers need to be rescued even though 79 per cent of sex workers say they are engaged in sex work voluntarily. Even if voluntary sex work was illegal in India, such prohibition would have been ultra vires. It must be mentioned that K.S. Puttaswamy vs Union of India safeguards the constitutional right to privacy, which encompasses the right to sexual privacy.

Furthermore, the State indirectly discriminates against transgenders. According to a study by the National Aids Control Organisation across 17 states,62 per cent of transgenders engage in sex work. The police routinely accuse LGBTQIA+ members of sex work. The absence of substantive safeguards for sex workers disproportionately affects transgenders.

Section 6 of the ITPA presumes,unless proved to the contrary, that a person has detained a child if he/she is found with a child in a brothel.The authorities are under statutory obligation to separate the child from the parent.Detailed guidelines are required to protect not only the rights of the parent but also of the child.

The reservations of the central government make it clear that decision-making is based on societal morality as opposed to constitutional morality. A fundamental element of constitutional morality demands that allegiance to the Constitution should not reflect societal belief and that the outcome of the process may vary from what the citizens envisage. Thus, while societal norms may be against voluntary sex work, the State cannot unreasonably interfere with the sexual autonomy of sex workers.

Lastly, the government ought to regard the fundamental principle of representative democracy and facilitate public participation in policy-making. In Rajeev Suri vs Union of India, the court opined that public participation is not limited to universal suffrage but includes participation in the decision-making process while balancing administrative efficiency. The involvement of sex workers in framing schemes and policies for them would improve their condition by taking into account the problems faced by the community. For instance,the court ordered UIDAI to issue Aadhaar cards to sex workers by relaxing norms for proof of residence as had been suggested by sex-workers’ organisations. It is imperative that the Centre accepts the four recommendations that safeguard the substantive rights of the sex workers.

Anti-hate speech law gains traction; where to draw the line is contentious

 The Nupur Sharma episode, which recently brought the country to a boil, and a Delhi High Court judge’s observations on that, threw up many questions for law and hate speech jurisprudence in India. The foremost among them is: Is an exclusive law to regulate hate speech needed in India?

The legal opinion on this is divided and the unfolding discourse on this question has inevitably juxtaposed hate speech against free speech.

For many, the freedom of speech is nearly absolute. For them, there can be no curbs, especially no legal curbs, on freedom of expression in the name of curbing hate speech. In their view, there are provisions in the existing criminal law which can well take care of such violations.

For others, freedom of speech cannot be absolute. Hate speech is not free speech, in the sense of being a matter of opinion, but a device for incitement for hate crimes and for instigating sectarian violence. Necessary legal restrictions should be in place to curb that.

What’s hate speech?

There is no commonly accepted legal definition of hate speech globally. The United Nation’s Strategy and Plan of Action against Hate Speech document, released in June 2019, defines hate speech as “any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or group on the basis of who they are; in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender, or other identity factor.” This is often rooted in, and generates intolerance and hatred and, in certain contexts, can be demeaning and divisive, the document explains.

Though there is not yet a widely endorsed UN Convention against Hate Speech, rather than prohibiting hate speech as such, international law — as understood and practiced by the UN — prohibits incitement to discrimination, hostility, and violence, which may also include or lead to terrorism or atrocity crimes.

The UN strategy document, however, clarifies that “Hate speech that does not reach the threshold of incitement is not something that international law requires states to prohibit.” Still, “it is important to underline that even when not prohibited, hate speech may be harmful,” the document explains.

Often, it becomes difficult to draw the line between freedom of expression and an expression loaded with instigative hatred. Often, only the outcome or even the potential outcome can make a difference post facto.

Precursor to hate crimes

Hate speech can also target different sections. Nupur Sharma’s insensitive observation about the Prophet constitutes a classic example of communal hate speech against the Muslim minority. Not only fundamentalists of different religious hues but even political parties opposed to each other spread hate speech against each other for their own political mobilisation. 

Major political parties have their own IT cells which do not limit themselves to tracking developments through the digital media and disseminating party’s views on current issues but maintain a huge informal network of “volunteers” who are regularly fed with instructions to act as troll brigades in the social media.

And, in Indian public life, hardly a week passes without some instance of casteist slur against individuals from Dalit, ST or even OBC backgrounds. The latest example is the case involving Tamil Nadu’s DMK minister Rajakannappan. A video of Rajakannappan abusing a Block Development Officer of Dalit origin using casteist remarks went viral on the media this March. 

S Kumaraswamy, a prominent lawyer in Tamil Nadu, told The Federal, “Such transgressions of law by individuals need to be condemned but they do not justify a new law. The effectiveness of our demands also depends on the nature of those in power. Such a law in the hands of authoritarian rulers would only be an added instrument in their hands for persecution of critics and for stifling the voices of protest of minorities.”

More tragic instance of hate is the case of suicide by Payal Tadvi, a medico from Scheduled Tribe background. Tadvi died by suicide in Mumbai in May 2019, unable to bear the casteist slurs by her senior colleagues. This came barely three years after the Rohit Vemula episode in Hyderabad in January 2016 shook the conscience of the civilised people across the country. 

In 2019 itself, there was a spate of suicides by medicos — in Gujarat, Hubbali in Karnataka, and in Punjab. This January, a PG student in BMC Hospital in Mumbai attempted suicide due to a casteist insult.

We are familiar with hate politics and hate crimes against migrants, and linguistic and ethnic minorities. People from the Hindi belt are insulted as bhaiyas in metropolitan Mumbai. But young people from the North-East are abused as ‘chinkis’ in the same Hindi belt, and even in Delhi. In a display of retaliatory hate, poor labourers from UP, Bihar and Jharkhand face racist attacks in the North-East. These events show a continuum from hate speech to hate crimes.

Hate speech in media

Hate speeches are common during election campaigns. But they are not limited to the bitterly fought electoral battles. In the digital age, social media has emerged as a key arena of hate speech. 

Twitter received 3,992 content takedown notices from the Government of India between July and December 2021 and Google 9,000 notices in six years between 2014 and 2020. 

Internet freedom activists allege that not all these were hate messages. Rather, many postings genuinely critical of the government for valid reasons were also asked to be removed. Still, many are hate messages aimed at triggering riots. They give the handle to the government to curb even the genuinely critical messages.

Hateful messages are not limited to social media. They are creeping into the mainstream media too. After all, the mainstream media also has its fringes, especially the vernacular media. 

While the mainstream media outfits have shown unanimity in opposing tooth and nail any government attempt at regulating them, they do face the internal challenge of beefing up their self-regulation.

A governance challenge

The Nupur Sharma episode showed that it is only very adverse diplomatic and political fallouts that force the reluctant government to intervene and act. All governments periodically confront such challenges. However, in mature democracies, there is also a realisation that tackling hate speech should not result in limiting or prohibiting freedom of speech. 

But there is a growing feeling that some policy and legal curbs should be put in place to prevent hate speech from escalating into incitement, discrimination, hostility, and violence. Still, when it comes to policy-making, many democracies are still grappling with issues like how to judge what constitutes hate speech and what falls within the realm of free speech and, from the point of view of enforcement, in institutional terms, who would decide and on what basis.

Law to regulate hate speech

The need for a law to regulate hate speech was coherently articulated first in a 2012 book titled The Harm in Hate Speech by Jeremy Waldron, the philosopher of law attached to the New York University School of Law. The main argument of the book is that hate speech should not be protected by the First Amendment.

The First Amendment was added to the US Constitution in 1791 which prohibited the US Congress from making any law that “abridged the freedom of speech or of the press.” The First Amendment thus gave absolute protection to freedom of speech and press.

However, despite the very powerful First Amendment legacy, the history of constitutional law in the US shows that the US Supreme Court has time and again clarified that libellous utterances always fall outside the ambit of the First Amendment. Likewise, it exempted hate speech as well. In 1952, the US Supreme Court upheld an Illinois law that made it a crime to publish material exposing any racial or religious group to “contempt, derision, or obloquy.”

Those who favour a law to regulate hate speech base their opinion on the fact that hate speech undermines the dignity of minorities through collective libel. In their opinion, right to life means right to a life with dignity. It is this dignity that enables them to live as equals in a society.

The proponents of legal curbs on hate speech dismiss apprehensions on their misuse by citing the examples of Canada, Denmark, Germany, New Zealand, and the United Kingdom which have already put in place regulations restricting hate speech. Such regulations have not led to political censorship, they argue.

Coming to the Indian context, Ravindra Garhia, an activist-lawyer who was earlier part of the Lawyers’ Collective founded by eminent jurist Indira Jaisingh and who is now practising independently in the Supreme Court, told The Federal, “India urgently needs a law empowering the Election Commission to disqualify a political party in the ongoing polls if its spokespersons and chief ministers indulge brazen hate speech to polarise voters and even to de-register them for six years for repeat offences.”

Opposition leader Rahul Gandhi demanded in the Lok Sabha that Ajay Mishra Teni, whose hate speech triggered the farmers’ demo in Lakhimpur-Kheri against which his son rammed his vehicle, be dropped from the Union Council of Ministers. If there is a stringent law against hate speech, the Dharma Sansad in Haridwar would not have dared to brazenly call for killing Muslims, a Samajwadi Party leader in Prayagraj opined.

What works against such law

Some opponents of a law to curb hate speech feel that minor transgressions of civility in public discourse are also part of public life in a democracy and we should learn to live with that in the larger interest of democracy. In other words, curbing freedom of expression has far greater implications for democracy than the relatively less dangerous nuisance of hate speech by the fringe.

In their opinion, political liberty should be unconditional and the spirit of the First Amendment also found a popular expression in the saying, “I hate what you say but I will defend to the death your right to say it.” Their fears of misuse of such laws are well-founded in a scenario where political forces with majoritarian inclinations have taken over power.

Professor Babu Mathew, who teaches constitutional law at National Law School of India University (NLSIU), Bangalore told The Federal: “It is not because of the absence of law that problems like hate speech are persisting. There are ample provisions in the existing criminal laws to effectively curb that. It is because the enforcing institutions are compromised that people engaging in hate crimes get away. 

“But then if there is a new law with scope for its misuse, it would be abundantly misused. Well, there can be some inbuilt guarantees in the law itself against its misuse. But then in that case the law itself would never be invoked.” Saying this,  Babu stressed the need for a vigilant public opinion to get the institutions to act.

Law with safeguards

In a polarised atmosphere where hate is moving mainstream and where even people in power are engaged in the “Other-ing” of minorities and even at the social level the social media fora have become platforms of bigotry, some regulations in the law book can help in the efforts of saner sections of society against hate speech. The challenge is to ensure proper safeguards in the law against its misuse and building a strong public opinion for its enforcement.

Source: The Federeal, 9/08/22

Quote of the Day August 8, 2022

 

“Someone's sitting in the shade today because someone planted a tree a long time ago.”
Warren Buffett

“कोई आज छाया में इसलिए बैठा हुआ है क्योंकि किसी ने काफी समय पहले एक पौधा लगाया था।”
वारेन बुफेट