On Internet rules, India now more willing to say ICANN

October 14, 2012
New Delhi, October 14: India has reinvented its position on Internet governance, hoping to become a new voice of reason in what has so far been a deeply polarised global debate.

The change, effected after detailed inter-ministerial as well as multi-stakeholder consultation, is intended to distance India from any model propagating governments taking “charge” or “balkanising” the Internet. It was unveiled at the recent Budapest Cyber Space Conference.

According to Minister of State for Telecom Sachin Pilot, who led the Indian delegation to Budapest, instead of opposing the U.S.-based Internet Corporation for Assigned Names and Numbers (ICANN) and its operations through an earlier proposal called the U.N. Committee on Internet-Related Policies (UN-CIRP), India will pursue enhanced cooperation through wider dialogue.

“In our meetings with Fadi Chehade, the new CEO of ICANN, I have sought far stronger representation of the developing world on the four ICANN Advisory committees”, Mr. Pilot told.

ICANN’s committees include the “At Large Advisory Committee (ALAC), Governmental Advisory Committee (GAC), Root Server System Advisory Committee (RSSAC) and the Security and Stability Advisory Committee (SSAC).

Countries such as Russia, China, Uzbekistan and Tajikistan have been advocating governance models that seek to place the Internet under U.N. control while the U.S. and western states have been reluctant to move away from the status quo position of ICANN-led Internet governance. India had positioned its UN-CIRP proposal as something that would lie in between these two extremes. But while the international debate continues, it is keen to step up its engagement with ICANN which remains, for the moment, the only game in town.

“The extreme views being floated by some countries on Internet governance could lead to the balkanisation of Internet and we are against any such move, including control of Internet by government or inter-governmental bodies. We seek enhanced dialogue and continuation of a working group to find ways to resolve the sharp differences that currently exist,” Mr. Pilot said.

Mr. Pilot’s position is consistent with that of Telecom Minister Kapil Sibal, who maintained at two recent meetings on Internet governance in India in September 2012, that India was firmly against government control of the Internet while seeking consensus among multi-stakeholders to develop an appropriate model for the effective management of the Internet.

India had attracted criticism from the U.S. and from corporate stakeholders who want no dilution of the current ICANN-run system after it presented its UN-CIRP model for Internet governance last October at the 66th General Assembly of the United Nations in New York.

While the UN-CIRP essentially sought a shift from the existing ICANN-run model that is perceived to be too close to the U.S. government, many domestic stakeholders were critical of the lack of consultation in the run-up to the October 2011 statement. Signs of a rethink in the government were evident when senior officials in the ministries concerned refused to entertain questions on the genesis of the UN-CIRP proposal put to them by The Hindu over the past few months.

In the run-up to the Budapest meet, a UPA task-force held closed-door consultations involving the Ministry of External Affairs, Ministry of Telecom and IT, industry bodies and others. Latha Reddy, the Deputy National Security Adviser, coordinated this effort.

On the issue of India’s earlier UN-CIRP model, Mr. Pilot also confirmed, “We are moving ahead with new proposals. While the existing system certainly needs to be changed, India’s position will include multi-stakeholder involvement and not inter-governmental bodies that may have been proposed in the past.”

The Indian government’s changed stance on Internet governance, though subtle, is expected to generate further attention at the upcoming Internet Governance Forum in Baku, Azerbaijan next month, where thousands of delegates representing governments, business, civil society, academia and media from across the world will collect to discuss the issue

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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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