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1. Bangladesh draft data protection act 2023: Potential and pitfalls

Author:
Christabel Randolph
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
The Bangladesh government’s updated draft data protection bill is a welcome revision of its 2022 attempt to address the country’s lack of a comprehensive data protection law, but there is still room for constructive change to heighten regulatory certainty. The Information and Communications Technology Division of the Ministry of Posts, Telecommunication, and Information Technology released the proposed Data Pro­tection Act 2023 (DPA 2023 or the bill) 1 on March 14—just days after the publication of the South Asia Center’s March issue brief—and the revised version responds to some of the criticism of the digital protectionism and restrictive provisions on digital business activity in the 2022 draft. Specifically, the proposed legislation reflects an operational sensibility based on stakeholder feedback on significant issues. It has incorporated more flexibility to frame rules to address changing situations, provided for a transition period, relaxed data localization requirements, and expressly recognized the importance of interna­tional cooperation and safeguard measures for facilitating data flows.
Topic:
International Cooperation, Science and Technology, Legislation, Innovation, and Digital Policy
Political Geography:
Bangladesh and South Asia

2. Gross National Happiness Policy Outputs in Bhutan from 1972 to 2014*

Author:
Michael Givel
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
In 1972, Bhutan’s Fourth King declared Gross National Happiness (GNH) more important than Gross Domestic Product. But what was the nature of GNH legislation policy outputs before and after the adoption of the written 2008 Bhutanese Constitution that required that Bhutan to promote GNH as a national policy goal? This study examines from 1972 to 2014 (six years after the adoption of the Bhutan Constitution) GNH policy outputs. There were two stages related to Bhutan’s four pillars that include sustainable and equitable economic development, good governance, cultural preservation, and environmental protection. In the first stage lasting to the 1990s, Bhutanese policy outputs emphasized preserving traditional culture. In the second phase from the 1990s to 2014, Bhutanese policy outputs emphasized Buddhist modernism in which all four pillars balanced traditional Buddhist values with modern issues like health care and illiteracy.
Topic:
Culture, Constitution, History, Legislation, Public Policy, and Gross National Happiness (GNH)
Political Geography:
South Asia and Bhutan

3. Women’s inheritance rights and time use: Evidence from the Hindu Succession Act in India

Author:
Tana Gupta
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
This paper examines the impact of the Hindu Succession Act on married women’s time use in India. The Hindu Succession Act was amended between 1976 and 2005 by giving equal inheritance rights to women for inheriting property. To estimate the effect of the equal inheritance reform, I devise a difference-in-difference strategy by exploiting the features of the reform. Using the nationally representative Time Use Survey 2019, I find that women exposed to the reform are investing 46 minutes per day more in employment. Moreover, women exposed to the reform are spending 44 minutes per day less time on home production, with no change in their leisure time. By looking at the individual components of home production, I find that the reduction in home production is driven on account of a decline in time spent on domestic chores, with no change in childcare work. In addition, I find that women exposed to reform devote slightly more time to learning. This implies that the reform has led women to substitute their time from home production to market work. These findings are consistent with an increase in women’s autonomy effect. I also find evidence of intra-household substitution of home production work for exposed women through sharing the burden of home production by other household members, especially the male members. This suggests that inheritance reform could be a form of reversal of the devaluing of women’s domestic and reproductive labour.
Topic:
Women, Inequality, Legislation, and Inheritance
Political Geography:
South Asia and India

4. The State of India’s Pollution Control Boards: Who has a seat at the table?

Author:
Arunesh Karkun, Sharon Mathew, Shibani Ghosh, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of these key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the first in the series – we focus on the Board composition. The Water Act1 and the Air Act2 prescribe up to fifteen members on the Board which is headed by a Chairperson and a Member Secretary. Who are these members and what are their qualifications? The laws require various constituencies to be represented: officials representing State Government departments, urban local bodies, and public sector corporations. Three members may be nominated to represent interests of agriculture, fishery, industry, trade or any other interest. The laws do not lay down the qualifications of these members, apart from the requirement under the Air Act that at least two persons on the board must have special knowledge or practical experience in the field of air quality management.
Topic:
Governance, Regulation, Legislation, and Pollution
Political Geography:
South Asia and India

5. Critical Event Analysis to Terrorism in an Emerging Economy of Pakistan

Author:
Shumaila Umer, Kausar Yasmeen, and Kashifa Yasmeen
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The widespread suffering caused by terrorism has been discussed at length in the media. Unfortunately, there is a relative paucity of empirical research on the nature and causes of terrorism. The present study examines the issue of terrorism quite modestly, but nonetheless significantly. It finds the root cause that generates numerous other causes which increase the incidence of terrorism. This study is unique in terms of its step-by-step implementation of analysis. In the first phase, the study applies thematic analysis and reveals the general causes of terrorism. In the second phase scrutiny of general causes is done to find the root cause of terrorism and finally, multinomial logistic regression is applied to ensure consistency between the results. Multinomial logistic regression reveals that coefficients of all interaction terms are significant, indicating that the effect of religion, geographic location, international players, and communications technology on terrorism depends on legislation and its strategic implementation. Like Ukraine, Pakistan is geographically significant for international players with respect to the containment of China and trade. Weak legislation in Pakistan facilitates international players not only to change the regime of the country but also to create terror groups that misuse religious schools. This study suggests that legislation must be implemented gradually through strategies; otherwise, policy implementation may have an adverse impact. Legislation helps to protect a country from terrorism in two ways. Firstly, it reduces the likelihood of terrorism entering, and secondly, it helps to combat existing terrorism. Based on the findings, this study also recommends counterterrorism, security officials have to work covertly in the media and other sectors which can impact the severity of terrorism in the country; this entails adopting mimicking factors. We expect that the present study will contribute to social and political improvements and have beneficial effects on the economy.
Topic:
Security, Terrorism, Economy, and Legislation
Political Geography:
Pakistan and South Asia

6. Cow Protection Legislation and Vigilante Violence in India

Author:
Shreya Maskara
Publication Date:
05-2021
Content Type:
Commentary and Analysis
Institution:
Armed Conflict Location & Event Data Project (ACLED)
Abstract:
In India, over 500,000 students signed up for the government-sponsored nationwide ‘Cow Science’ exam this year, which was scheduled for 25 February 2021. The ‘Cow Science’ exam, a free-of-cost voluntary exam, was purportedly meant to test people’s knowledge about cows, thus furthering curiosity about cows among the public (CNN, 8 January 2021). After widespread criticism of the course material, the exam, a product of the National Cow Commission or the Rashtriya Kamdhenu Aayog (RKA), was indefinitely postponed (Scroll, 22 February 2021). Scientists and educational institutions questioned the reference material as unscientific and critics claimed it was a mass indoctrination attempt by the ruling Bharatiya Janata Party (BJP), which has linked the protection of cows — considered sacred in Hinduism — to its Hindu nationalist policies and rhetoric (Times of India, 22 February 2021). Since the BJP came to power in 2014, laws protecting cows have been amended in several states to include stricter punishments for cow slaughter. Right-wing Hindu nationalist organizations, such as the Rashtriya Swayamsevak Sangh (RSS), and other cow vigilantes have been emboldened to attack minority groups, including Christian, Muslim, Dalit (formerly known as “untouchables”), or Adivasi (Indigenous) communities, under the guise of protecting cattle. This report analyzes trends in political violence connected to nationalist rhetoric around cow protection in India.
Topic:
Minorities, Violence, Legislation, and Vigilantism
Political Geography:
South Asia and India

7. Sri Lanka’s Prevention of Terrorism Act: An Anti-Minority Cudgel

Author:
Neil DeVotta
Publication Date:
06-2021
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
Upon its enforcement, Sri Lanka’s Prevention of Terrorism Act (PTA) has been condemned both domestically and internationally for its draconian measures. In this Issue Briefing, Neil DeVotta, Professor at Wake Forest University, claims that anti-terrorism legislation in South Asia was instituted on the basis of penal codes from the colonial era. In Sri Lanka, the PTA was designed as a mechanism to counter Tamil rebellion movements that stemmed from the community’s failed pursuit of securing a separate state of Eelam. Nonetheless, Professor DeVotta states that the PTA does more harm than good; the act has, in essence, brutalized the Tamil community and fuelled pre-existing sentiments of Islamophobia in the country. On top of that, the arbitrary enforcement of the PTA, illustrated by the detainment of key Muslim personalities, further supports prevalent claims that the PTA is imposed onto the Muslim community on unfair grounds. In this regard, the author calls for the government to scrap up the PTA for the upkeep of democracy and to mitigate anti-Muslim attitudes in Sri Lanka.
Topic:
Terrorism, Minorities, Democracy, and Legislation
Political Geography:
South Asia and Sri Lanka

8. Legislature and Legislative Elections in Afghanistan: An Analysis

Author:
A. Farid Tookhy
Publication Date:
07-2020
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
Afghanistan’s newest Wolesi Jirga—the lower house of the National Assembly—boasts a younger and more educated membership than those elected in either 2005 or 2010. Its representativeness, however, is uneven and problematic. This report offers a comparative profile of the Wolesi Jirgas elected in 2005, 2010, and 2018, highlighting issues salient to the reforms Afghanistan needs to undertake if it is to hold credible national elections that yield truly representative elected institutions.
Topic:
Governance, Reform, Democracy, and Legislation
Political Geography:
Afghanistan and South Asia

9. Comments on the Draft Electricity (Amendment) Bill, 2020

Author:
Ashwini K. Swain, Parth Bhatia, Ira Sharma, Prasanna Sarada Das, and Navroz K. Dubash
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The draft Electricity (Amendment) Bill, 2020, released on April 17, 2020, is an improvement from its predecessors. It has dropped some significant proposals that were resisted and has added new provisions. Are these reform proposals adequate and appropriate to address India’s long-standing electricity challenges? Are these prescriptions based on a proper diagnosis of current trends and future challenges? How will these reforms proposals affect India’s ongoing transition to 21st century electricity? While we appreciate the endeavours and intent, in our comments we focus on some serious concerns the draft raises, vital gaps and issues that need serious consideration.
Topic:
Energy Policy, Governance, Legislation, Electricity, Public Service, and Utilities
Political Geography:
South Asia and India

10. Child Protection Services

Author:
Mridusmita Bordoloi and Avani Kapur
Publication Date:
02-2020
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
Child Protection Services is Government of India’s (GoI’s) flagship programme to provide preventive and statutory care, and rehabilitation services to children in need of care and protection and those in conflict with the law as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015. This brief uses government data to analyse CPS performance along the following parameters: Trends in overall GoI allocations, releases and expenditures; State wise GoI releases and expenditures; Child Care Institutes (CCIs) and beneficiaries; Registered cases of crimes against children.
Topic:
Government, Budget, Children, Legislation, and Justice
Political Geography:
South Asia and India