Well, that is the number of seats to be reserved for women in Lok Sabha in the first round if the women’s reservation bill is passed.  The rules for determining number of seats to be reserved are as follows.

  1. The Bill does not reserve one-third of seats on an All-India basis.  It reserves “as nearly as possible, one-third” of seats in each state.
  2. Also, it reserves “as nearly as possible, one-third” of seats reserved for Scheduled Castes in any state for women, and similarly for ST women.  If any state/UT has only 1 seat in any of these categories, that seat will be reserved in the first election, and be open to men in the subsequent two elections.  If a state has 2 seats in any category, one of these will be reserved for women in the first election, the other in the second, and neither in the third election.  One of the two seats nominated for Anglo-Indians will be reserved after the first and second elections.
  3. The reservation for general category seats will be done after following Rules 1 and 2 above.  However, if a state has one or two general category seats, they follow rules similar to that for SC and ST seats (cycling through three elections).

Example 1:  Puducherry has one general seat.  This will be reserved for women in the first election and open in second and third elections. Example 2:  Manipur has two seats, of which one is reserved for STs.  Thus, both seats will be reserved in the first election and open in the second and third elections. Example 3:  Delhi has seven seats:  six general and one SC.  In the each election 2 seats (seven divided by three, rounded to nearest integer) will be reserved.  In the first election, one general and one SC seat will be reserved, and in the next two elections, two general seats will be reserved. We compute that this results in 192, 179 and 175 seats (out of 545) being reserved for women in the first three elections. A similar computation shows that 1367, 1365 and 1364 (out of 4090 seats of the legislative assemblies of 28 states and Delhi) will be reserved for women in the first three elections. Excel file with detailed computation is available here.

On October 16, the Group of Experts on Privacy, Chaired by Mr. A. P. Shah, submitted its Report to the Planning Commission.  The Expert Group was appointed to set out the principles that Indian privacy law should abide by.   Even though privacy has been held to be a fundamental right as long back as in 1962, India does not have a law that specifies safeguards to privacy.  Moreover, recent government initiatives, such as the UID, involve collection of personal information and storage in electronic form.  The absence of a law on privacy increases the risk to infringement of the fundamental right. In this blog we list the recommendations made by the expert group, discuss the status of the right to privacy in India, and why there is a need for an enactment. Recommendations of the Expert Group on Privacy

  • The Expert Group recommended that the new legislation on privacy should ensure that safeguards are technology neutral.  This means that the enactment should provide protections that are applicable to information, regardless of the manner in which it is stored: digital or physical form.
  • The new legislation should protect all types of privacy, such as bodily privacy (DNA and physical privacy); privacy against surveillance (unauthorised interception, audio and video surveillance); and data protection.
  • The safeguards under the Bill should apply to both government and private sector entities.
  • There should be an office of a ‘Privacy Commissioner’ at both the central and regional level.
  • There should be Self-Regulating Organisations set up by the industry.  These organisations would develop a baseline legal framework that protects and enforces an individual’s right to privacy.  The standards developed by the organisations would have to be approved by the Commissioner.
  • The legislation should ensure that entities that collect and process data would be accountable for these processes and the use to which the data is put.  This, according to the Group, would ensure that the privacy of the data subject is guaranteed.

Present status of the Right to Privacy While the Supreme Court has held privacy to be a fundamental right, it is restricted to certain aspects of a person’s life.  These aspects include the privacy of one’s home, family, marriage, motherhood, procreation and child-rearing.  Therefore, to claim privacy in any other aspect, individuals have to substantiate these are ‘private’ and should not be subjected to state or private interference.  For instance, in 1996 petitioners had to argue before the Court that the right to speak privately over the telephone was a fundamental right. Risks to privacy Government departments collect data under various legislations.  For instance, under the Passport Act, 1967 and the Motor Vehicles Act, 1988 persons have to give details of their address, date of birth etc.  These enactments do not provide safeguards against access and use of the information by third parties.  Similarly, information regarding ownership of property and taxes paid are publicly available on the MCD website. Furthermore, recent government initiatives may increase the risk to infringement of privacy as personal information, previously only available in physical form, will now be available electronically.  Initiatives such as the National e-Governance Plan, introduced in 2006 and Aadhaar would require maintenance of information in electronic form.  The Aadhaar initiative aims at setting up a system for identifying beneficiaries of government sponsored schemes.  Under the initiative, biometric details of the beneficiaries, such as retina scan and fingerprints, are collected and stored by the government.  The government has also introduced a Bill in Parliament creating a right to electronic service delivery.  As per news reports, a draft DNA Profiling Bill is also in the pipeline.