The incentive to create lies at the heart of the classic utilitarian justification for copyright protection. The broad structure – one of exclusive rights and monopolies with public interest exceptions – indicates the dominant, if not singular, role played by utilitarianism while formulating intellectual property law in India. Indeed, if copyright law were only meant to honor creators and respect their creativity, the State could confer prizes and awards on them. The State, desirous that they create more, provides for economic incentives.
India in Transition
The image of the cow conjures up every oriental stereotype about unchanging India, mired in tradition, religious belief, and obsolete agricultural methods. Yet, the cow has emerged as an index for India’s changing political economy and regulatory politics over the last decade. Statistics show that over the last few years, beef consumption in India has risen and is greater than the combined consumption of other meats.
In recent years, whenever India and China have met at the highest level, the issue of water has been prominently put on the negotiating table. Much of the unease has been over a truculent temperamental trans-border river, the Yaluzangbu-Brahmaputra-Jamuna (YBJ) system, which exhausts its full watery course only after having traversed three sovereign nations: China, India, and Bangladesh.
A week ago, cyclone Phailin raged through Odisha and Andhra Pradesh. With wind speeds up to 200 km/h ripping through the countryside, it’s no surprise that electricity transmission infrastructure in coastal areas took a significant hit. Certain districts, particularly in Odisha, are still suffering from major electricity shortages after thousands of distribution poles and hundreds of kilometres of wiring were knocked out of service.
The Ministry of Water Resources recently prepared a cabinet note about creating a permanent tribunal for interstate river water disputes (IWD) resolution in pursuance of a proposal to the effect in the national draft water policy of 2012. As reports go, the government is concerned about long delays in dispute resolution and the tendency of States to approach the Supreme Court for redressal of recurring disputes. Setting up a permanent space for adjudication may be helpful, but certainly not adequate.
Last week, approval of the critical Pension Fund Regulatory and Development Authority Bill (Pension Bill) sailed through the Rajya Sabha without much drumbeating in the press. Overshadowed by news of the weakening rupee, the bill, nearly ten years in the making, will allow 26 percent foreign direct investment in the insurance sector, seeking to create some sort of regulation for the country’s almost nonexistent formal pension system.
Three months ago, India’s former foreign secretary and current coordinator of the National Security Council Advisory Board, Shyam Saran took the unusual step of publicly taking on critics of India’s operational nuclear capabilities. These critics have long cited the inability of successive governments to address the many technical and organizational lacunae in India’s operational capabilities as a reason why they believe that India’s nuclear foray is a prestige-driven enterprise. Contra such claims, Saran maintained that Delhi’s operational nuclear capabilities are robust.
Despite its best attempts and some very creative thinking, the Indian government’s efforts to chart an independent course in cyberspace have met with consistent failures and frustrations. Its Cybersecurity Policy, published last month, is a case in point. Released amidst the growing controversy over revelations regarding the American electronic eavesdropping program, this policy document is the culmination of deliberations that the Indian security establishment has been carrying out with various stakeholders for the past three years.
Seeing oneself through others’ eyes is an important act of introspection. There is much a nation can learn about the content and impact of its external policies by studying how it is perceived by the world. Public opinion can be a reliable indicator of trends in bilateral relations, and analysts frequently measure a country’s attractiveness (soft power) by the opinions of other societies. The perceptions of others, therefore, can act as a heuristic device for a nation's foreign policy if not a metric of its success.
Deciding how to put the abstract democratic ideal into practice isn’t easy. Some decisions are large institutional ones, such as whether a country should opt for parliamentarianism; others are more microscopic – how electoral districts should be mapped, how electoral speech should be regulated, and so forth. The specific institutionalization of the democratic ideal can radically impact its functioning and even threaten the ideal itself. While India has managed non-partisan election administration reasonably well, other features of the system are poorly regulated and understood.