Freedom of Speech and the Speaker in the House

The expunction of portions of the speeches made by some Opposition politicians in Parliament recently is an issue that has sparked off a debate on an action taken by the Speaker. Parliamentarians Mr. Gandhi and Mr. Kharge were both speaking on the Motion of Thanks to the President of India for her address to the Members of Parliament of both Houses.

Motion of Thanks

• After the President’s address, the two Houses move a motion to thank the President for her speech.
• This is customary practice although the Constitution does not provide for any such motion, except direct that each House shall discuss the matters contained in the address.
• This is a practice adopted from the British Parliament.

Debate after the motion

• An occasion to point out lapses on the government’s part: Debate in When such a motion is discussed, MPs are generally permitted to speak on anything under the sun. It is an occasion to point out lapses on the government’s part and discuss the gamut of issues that concern the governance of the country.
• Speeches are generally political and the Chair never insists on relevance: Since the Council of Ministers is collectively responsible to Parliament, MPs have the right to critically scrutinise the performance of the government.
• Government must respond to the question raised: Accountability to Parliament requires the government to respond adequately to the questions raised by MPs in the debate. Under the Rules of the House, it is the Prime Minister who replies to the debate in both Houses.

The rules that are in place

• Freedom of speech in the House: Article 105 of the Constitution confers on members, freedom of speech in the House and immunity from interference by the court for anything said in the House. Freedom of speech in the House is the most important privilege of a Member of Parliament
• Power of presiding officers and breach of such privilege: Rule 380 of the Rules of procedure of the Lok Sabha and Rule 261 of the Rules of the Rajya Sabha give the power to the presiding officers of these Houses to expunge any words used in the debate which are defamatory, unparliamentary, undignified or indecent. Once expunged they do not remain on record and if anyone publishes them thereafter, they will be liable for breach of privilege of the House.
• Rule 353 if there’s an allegation against a MP or an outsider: There are also occasions when an MP may, during his speech, make an allegation against a fellow MP or an outsider. Rule 353 of the Lok Sabha regulates the procedure in that regard. Under this Rule, the MP is required to give “adequate advance notice” to the Speaker as well as the Minister concerned. The Rule does not prohibit the making of any allegation, the only requirement is advance notice.

Allegations and Speaker rulings

• MP’s who make allegations must be sure about the factual basis: Making an allegation against a Minister or the Prime Minister is considered to be a serious matter; therefore, the presiding officers have carefully laid down a stipulation that the MP who makes an imputation against a Minister of the government should be sure about the factual basis of the allegation, and that he must take responsibility for it.
• Allegations complies with stipulation allowed to remain on record: If the MP complies with this stipulation, then the allegation will be allowed to remain on record. There have been many instances in the Lok Sabha when MPs have made allegations against Ministers.

Here are two rulings made by the Speakers on such occasions

• Allegation bases on press report: On September 2, 1965 when Prakash Vir Shastri, MP, made personal allegations against Humayun Kabir, the then Minister for Education. The MP reiterated his allegation and referred to press reports.
• Ruling- Press report could not be sufficient basis of allegations: In his ruling, the Speaker, Sardar Hukam Singh, said, “Normally the source of information available to members is newspapers. But that is not a sufficient basis for a member to make an allegation against a Minister, member or other dignitaries. It is necessary to probe it further and satisfy oneself about it… Even if the allegation is proved wrong, it will[,] after all, affect the reputation of the person.”
• Allegation based on a weekly: On December 21 1981 in the Lok Sabha, Bapusaheb Parulekar, MP, made a reference to an allegation published in the Sunday (a weekly) against the then Railway Minister, Kedar Pande, and his family members in connection with permanent railway card passes.
• Ruling- The member should be prepared to accept the responsibility for the allegation: The Deputy Speaker, G. Lakshmanan, who was in the chair ruled that “The member should, before making an allegation in the House, satisfy himself after making enquiries that there is a basis for the allegation. The member should be prepared to accept the responsibility for the allegation and the member should be prepared to substantiate the allegation.”

Issue of defamation

• Under Section 499 of the Indian Penal Code (Second exception), any statement respecting the conduct of a public servant in the discharge of his public function or his character is not defamation. If such a statement is made in the House against a Minister who is a public servant, it does not come within the ‘mischief’ of Rule 353 or Rule 380.
• Therefore, it does not afford an occasion for the presiding officers to expunge words in or portions of a speech on the ground that they are defamatory.

Conclusion

• In a House where freedom of speech is the most important privilege of a Member of Parliament, establishing defamatory or incriminatory statements as opposed to critical comments, which an MP has the right to make, is important. It also needs to be ensured that the freedom of speech enjoyed by the Members in the House is not needlessly curtailed.

China Plans Aksai Chin Railway To Connect Tibet, Xinjiang

• According to a new railway plan released by the Tibet Autonomous Region (TAR) government, China will soon begin construction on an ambitious new railway line connecting Xinjiang and Tibet that will run close to the Line of Actual Control (LAC) and through the disputed Aksai Chin region.
• The “medium to long term railway plan” for Tibet, envisages expanding the TAR rail network to reach 4,000 km by 2025 up from the current 1,400 km, including new routes that will run up to China’s borders with India and Nepal.

China’s plan for Aksai Chin

• The Xinjiang-Tibet railway project will roughly follow the G219 national highway’s route.
• The construction of the Xinjiang-Tibet highway through the Aksai Chin region was a major contributing factor to the tensions between India and China in the lead-up to the 1962 Sino-Indian War.
• The highway was viewed by India as a threat to its territorial integrity, as the Aksai Chin region is claimed by both China and India.
• The construction of the highway was seen by India as an attempt by China to assert control over the disputed territory and led to a military confrontation between the two countries.
• The war ended with a victory of China, and the Aksai Chin region remains under Chinese control to this day.
• The proposed railway will start in Shigatse in Tibet, and run northwest along the Nepal border, before cutting north through Aksai Chin and ending in Hotan in Xinjiang.
• The planned route will pass through Rutog and around Pangong Lake on the Chinese side of the LAC.
• The first section, from Shigatse to Pakhuktso, will be completed by 2025, while the remainder, up to Hotan, is anticipated to be finished by 2035.
• According to the plan, which was made public by the TAR Development and Reform Commission, “by 2025, the construction of several railway projects, including the Ya’an-Nyingchi section of the Sichuan-Tibet Railway, the Shigatse-Pakhuktso section of the Xinjiang-Tibet Railway, and the Bomi-Ra’uk section of the Yunnan-Tibet Railway, will all see major progress.”
• The report stated that “improvements to the regional railway network will be of major relevance in fostering socioeconomic development and preserving national security.”
• There are now just three rail lines operating in Tibet: the 2006-opened Qinghai-Tibet link, the 2014-opened Lhasa-Shigatse rail, and the 2021-opened Lhasa-Nyingchi line.
• Construction of the railway is thought to accomplish two goals for china: first, improving border security by enabling China to more closely integrate border regions and mobilize rapidly to the boundary when needed; and second, hastening Tibet’s economic integration with the hinterland.
• Although Sichuan, Yunnan, and Gansu are three additional nearby provinces and Qinghai has a rail connection to Tibet, the proposal will now provide new rail connections to all four of these provinces.

Impact

• Aksai Chin is a disputed territory between China and India, and the construction of a railway in the region could change the balance of power in the region.
• Security: The railway would give China easier access to its border with India, potentially increasing its ability to quickly move troops and resources in the event of a conflict.
• This could pose a threat to India’s security and could potentially change the dynamics of the border dispute between the two countries.
• From a geopolitical perspective, the railway could also give the Chinese greater economic and political influence in the region, which could challenge India’s own interests and ambitions in the area.
• India has been increasing its focus on its own infrastructure development in its northeast region, and the railway in Aksai Chin could disrupt its plans and undermine its efforts to build a strong presence in the region.
• Additionally, the railway could also have an impact on the stability and security of other neighboring countries in South Asia, as China’s growing influence in the region could potentially disrupt existing power dynamics and lead to increased tensions.

Conclusion

• Overall, the construction of the Aksai Chin railway is likely to have significant strategic implications for India and the region as a whole, and India will need to closely monitor developments in the region and take steps to protect its own interests.

Declining Kelp Forests

• According to experts, Global Kelp forests declining at 1.8% annually.

What are the Kelp Forests?

• Kelp forests are underwater areas with a high density of kelp, which covers a large part of the world’s coastlines.
  • Smaller areas of anchored kelp are called kelp beds.
• Kelp are not plants, but rather extremely large brown algae, and many different species of kelp make up kelp forests.

Features of Kelp Forests

• Kelp thrives in cold, nutrient-rich waters.
  • Because kelp attaches to the seafloor and eventually grows to the water’s surface and relies on sunlight to generate food and energy, kelp forests are always coastal and require shallow, relatively clear water.
• Growth:
  • Some kelp species can measure up to 150 feet (45 m) long. If living in ideal physical conditions, kelp can grow 18 inches (45 cm) a day.
• Habitat:
  • Kelps usually live further from the tropics than coral reefs, mangrove forests, and warm-water seagrass beds, so kelp forests do not overlap with those systems.
• Global presence:
  • Kelp forests grow predominantly along the Eastern Pacific Coast, from Alaska and Canada to the waters of Baja, California.

Significance of the Kelp Forests

• They are recognized as one of the most productive and dynamic ecosystems on Earth.
• Kelps cover 25 percent of the world’s coastlines and provide food and shelter for fish, invertebrates and marine mammal species.
• They also offer crucial services such as carbon sequestration and erosion control, according to scientists.
• Giant Kelp:
  •  Giant kelp is harvested from kelp forests and used as a binding agent in products like ice cream, cereal, ranch dressing, yogurt, toothpaste, lotion and more.

Threats to Kelp Forest

• Climate change and human-induced stressors:
  • Kelps are increasingly threatened by climate change, eutrophication and shoreline development, among other human-induced stressors.
  • Destructive fishing practices, coastal pollution, and accidental damage caused by boat entanglement are known to negatively affect kelp forests.
• Warming of oceans:
  • Warmer than normal summers and seasonal changes to currents that bring fewer nutrients to kelp forests combine to weaken kelps and threaten their survival in some years.
• Bryozoa:
  • One such threat is from bryozoa, moss animals that grow as mats on kelps. They drive the seaweed to sink into the seafloor and disintegrate.
    • The bryozoa outbreak can be linked to high temperatures as high temperature and kelp density results in more bryozoan.
    • Dense kelp beds in warmer and less wave-exposed sites are more susceptible to bryozoan outbreaks
• Storms:
  • Strong individual storms can wipe out large areas of kelp forest, by ripping the kelp plants from the seafloor.

AI to improve maternal and child health in India

With the emergence of Artificial Intelligence (AI) and other digital technologies, there is potential for these tools to support maternal and neonatal healthcare in low-resource settings, although their development in this field is still in its early stages. AI has the capability of transforming maternal and child health in low and middle-income countries by supplementing conventional practices with advanced technology, thus improving the accuracy of diagnoses, increasing access to care, and ultimately saving lives.

The Sustainable Development Goals (SDGs) target

• The SDGs have set a target to eliminate preventable deaths of newborns and children under five years of age by 2030, with a specific aim to lower neonatal mortality (NMR) to a minimum of 12 deaths per 1,000 live births and under-five mortality (U5MR) to a minimum of 25 deaths per 1,000 live births across all nations.

Challenges and the current state of maternal and child health in India

• One of the main challenges is the high maternal and infant mortality rates: According to the latest SRS Bulletin, India’s maternal mortality rate (MMR) was 97 deaths per 100,000 live births in 2018-2020, and the infant mortality rate (IMR) was 35.2 deaths per 1,000 live births in 2019-21.
• Rates are higher than the SDG targets: According to the latest National Family Health Survey (NFHS) data, the NMR and U5MR in India are 24.9 and 41.9 respectively. These rates are higher than the SDG targets and are a cause for concern.
• Lack of access to healthcare for many women and children in India: Many rural and remote areas lack basic healthcare facilities, and even when facilities are available, they may not be staffed with qualified healthcare providers. Additionally, cultural and societal barriers can prevent women and children from accessing healthcare.
• Malnutrition: Malnutrition is a major contributor to high maternal, neonatal, and infant mortality rates in India, with about 68 percent of child deaths being linked to malnutrition.
• Low birth weight: In low- and middle-income countries like India, low birth weight is a leading cause of death in the first month of life. Prematurity and low birth weight account for 45.5 percent of deaths during the first 29 days of a newborn in India. Presently, around 18.2 percent of children reported having low birth weight.

Some positive developments in maternal and child health in India in recent years

• Programs and policies aimed at reducing maternal and infant mortality: The government has implemented several programs and policies aimed at reducing maternal and infant mortality, such as the Janani Suraksha Yojana (JSY) and the Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA) which provides cash incentives for pregnant women to deliver in health facilities and free health check-up respectively.
• Efforts to increase access and quality health facilities: There have also been efforts to increase the number of healthcare facilities in rural and remote areas and to improve the quality of care provided at these facilities.
• Using technology in Healthcare: In addition, India has also been working on using technology to improve maternal and child health.
• For example: Telemedicine has been implemented in remote areas, and the government has also launched an application, RCH ANMOL, for tracking pregnant women, infants and children for their health, vaccination, and nutrition status. Other digital initiatives include the Draft Health Data Management Policy, Health Data Retention Policy, Unified Health Interface, and Health Facility Registry.

Potential applications of AI

• Predictive modelling of risk factors: By analysing large amounts of medical data, AI algorithms can identify risk factors for maternal and fetal complications and predict the likelihood of certain outcomes. This can help healthcare providers to identify high-risk pregnancies early on and take steps to mitigate the risks.
• Predicting birth weights for effective nutrition programme: Malnutrition is responsible for lowering newborn immunity to infections and diseases. Predicting birth weight for newborns can aid doctors and parents to adopt putative measures such as effective utilisation of Nutrition Rehabilitation Centres (NRCs) pre-emptively.
• AI can make a big impact is in the detection of fetal abnormalities: In LMICs, access to ultrasound technology is often limited, and the quality of images may be poor. By using AI to analyse ultrasound images, healthcare providers can improve the accuracy of diagnoses and detect abnormalities that may otherwise be missed.
• AI can also be used to improve access to care: Virtual care technologies, such as AI-powered chatbots and virtual assistants, can provide expectant mothers in LMICs with information and support. It has been demonstrated that sending personalised, timed voice messages about pregnancy via mobile phone can positively impact maternal healthcare practices and improve maternal health outcomes.
• Manage and analyse large amounts of medical records: By identifying trends and patterns in this data, healthcare providers can make more informed decisions and improve outcomes for mothers and children.

Challenges to using AI to improve maternal and child health in India

• One of the biggest challenges is data availability and quality: AI relies on large amounts of data to train models, however, in India, there is a lack of data on maternal and child health, and the data that is available may be of poor quality. This can make it difficult to develop accurate and reliable AI-based solutions.
• Limited infrastructure: In many parts of India, there is a lack of basic infrastructure such as electricity and internet connectivity, which makes it difficult to implement AI-based solutions. This can be a particular problem in rural areas where access to healthcare is already limited.
• Ethical concerns: AI-based solutions raise a number of ethical concerns, including issues around privacy, bias, and accountability. It is important to address these concerns to ensure that AI-based solutions are used in a responsible and ethical manner.
• Language and dialects: India has a wide variety of languages and dialects, which can make it difficult to develop AI-based solutions that are accessible to everyone. The lack of data in certain languages or dialects can make it difficult to develop accurate and reliable AI-based solutions that are tailored to the specific needs of different linguistic communities.
• Socio-Economic status: As people living in poverty may not have access to the technology and services provided by AI-based solutions.

Conclusion

• AI has the capability of bringing about a substantial difference in maternal and child health in India. Nevertheless, it is crucial to keep in mind that these innovative technologies should not be utilised as a substitute for conventional healthcare practices, but rather as an additional tool. The integration of AI with the already existing healthcare systems would bring about the best results. It is also essential to involve healthcare providers and local communities in the development and implementation process of AI-based solutions. This way, the solutions can be made more relevant, accessible, and in line with the local context, thereby, maximising their positive impact.