Month: January 2015

Is Sting Operation An Invasion To Privacy?

“We are free but still bound by chains.”

Can this be a valid argument in the present context? We are definitely free with no physical barriers. But it would not be incorrect to say that a man is bound by many constraints. These constraints could be emotional, financial, ideological, psychological etc. But where does an invasion to individual’s privacy fit within these constraints? It would be very valid argument to place that an infringement in privacy would create all sorts of constraints for an individual. With this background, let’s delve upon the issue whether sting operation is an invasion to privacy or not?

This debate has been going on since long, but it took fast pace since last three to four years. It took the tide when CIA was alleged for doing surveillance of communication systems of various heads of Nations. And in the recent past, with the growing instances of corruption, governments have come out with various sting techniques to get catch hold of culprits or suspects. Technology has also played its part. With the growing Internet traffic and its misuse, e-Surveillance is being done by various state agencies. The issue is whether doing sting is legal or illegal. And if it is legal, to what extent and by what means? What would be its implications on an individual’s privacy? These are some of the questions we would be trying to answer in subsequent parts of the essay. It would be very imperative to start with “Sting Operation” and then moving to the issue of “Privacy”. And finally looking on the relationship between the two and its implications.

Sting Operations can be definitely said to be the measures taken to protect or prevent something unethical and adversarial, provided it being bonafide. The concerned party on which the sting is done does not possess any knowledge that he is being watched upon. Sting operations may be lawful or unlawful. Issue is to what extent sting operation being is done? In India, it has been justified to an extent to prevent corruption, evading terrorism etc. Due to growing instances of collusive and cohesive corruption, terrorist activities, communal violence, hate speech, overthrowing of legitimate government, States have become bound to do surveillance to check unlawful activities. Sting could be done by various methods. It could be telephone tapping, Internet traffic surveillance or by physical means. “Physical means” could include voice & video recording and catching red-hand. In India, NETRA and CMS are two of the many techniques used by the State to do surveillance. Certainly the issue of Privacy comes to picture while judging the legitimacy of a Sting operation.

Everybody is born free and by virtue of his “Being”, he has some immutable rights. And Privacy is one of them. Everybody has inherent right to enjoy privacy which has been accorded to him. When sting operation is done, whatever may be the purpose “Right to Privacy” is being infringed upon. If he is informed or warned beforehand about the surveillance, he would become conscious regarding it. And to an extent, the potential adversarial condition or activity might be avoided. When somebody knows that he is being watched, he would restrain from doing unlawful activities like terrorism, corruption etc.

Our Constitution also guarantees “Right to Privacy”. Though it has not been explicitly mentioned in the text, it has been accorded the status of a Right by various interpretations of Article 21 of Indian Constitution by Supreme Court. But it is not a right in absolute sense. It has various exceptions associated with it such as “in the interest of national security, sovereignty of the country etc. where it could be curtailed. So it becomes “Categorical Imperative” for the State to protect the Nation from all sorts of contingencies or bad situations. By this virtue, conducting surveillance and sting operations comes within the very ambit of larger public interest. Taking history as a clue, spies were deployed for gathering intelligence during the time of Chandragupta Maurya under the guidance of Kautilya. But those were the times of autocracy. Today the situation has changed upside down. We are living in the world of democracy and era of “Rights by virtue of being”. Individual is supreme. His supremacy is maintained by valuable respect for his rights.

If the stings are conducted for the larger interest of the Nation and public welfare, it has to be done under the ambit of law. It would be unlawful if done extra-constitutionally. It would also be unethical and not moral, if conducted without the consent of citizens. And on the other extreme, if citizens are informed about conduction of surveillance (each and every time it is being done), whole purpose would be lost. So, one of the alternatives could be that to bring sting operation and surveillance within legal boundaries. Agency conducting sting operations should be accountable to the Parliament. Misuse or improper use should be checked. If misused, consequent legal proceedings should be done for the violation of rights.

Are the Standardized Tests good measures of academic ability?

Standardized tests really measure academic ability?

This Question is the most hotly debated and resonating topic for the past decade. Issue had been in the limelight due to increasing competition in the selected fields of study. There had been increasing mad rush for the fields like engineering, medical etc. Some analysis has shown that these examinations create a question mark on the further performance of a student wherever he gets selected. Let’s take the case of “Shyam”, who is now a MBA professional working for a MNC. He hails from a decent middle class family. He had continuously excelled in the exams he had appeared in. The year when he was in class 10th, he did not possess any knowledge and know how about what to pursue after 10th .The greatest dilemma was to choose between Mathematics and Biology Streams. His father had been consistently maintaining the position that he should pursue Mathematics. By the time when the exam results were out, seeing his good marks, his father made him to opt Mathematics. And he started preparation for Engineering Examination.

He excelled in his engineering examination and went to top University in the country. He was on the top of the world when he went to college and wanted to take full enjoyment out of his life there. Gradually as the years progressed, the lucrative prospects of a MBA degree started attracting him. He appeared for MBA entrance examination and excelled there too due to his hard preparation. Now he is working for hours in a MNC for a hefty six-figure pay but he is not happy with his life.

In the above story of Shyam , Question arises is that is there any genuine attraction towards the field or subject. Definitely, the answer is “NO”. Money was the only thing which was at the forefront and academic excellence was at the back-burner. Now the greatest debate lies in the question that what defines Academic Ability or Progress? Is it mere qualifying each and every examination which is competitive or is it sustained efforts towards academic excellence in a field where a person is genuinely interested? Let’s carry out this debate in the following course of and essay.

Now, the next question would be definitely that how to measure one’s academic ability. One of  the evaluation options is “Standardized test”. Standardized test carries a definite syllabus and definite eligibility criteria which charts out the course of examination. In India, some of these examinations are JEE-Mains for engineering, CLAT for Law and so on. The most basic feature of these examinations is that they are same for everyone who so ever appears in it. Competition level is too high. These examinations get the best out of a person. These require the sustained effort of one or two years to pass it. It requires increased level of patience and competence. Motivation for clearing the examination gets an exponential touch seeing the competition level.

But the question still remains that “Are we truly judging one’s ability in that particular field by the Standardized test”. Shyam’s case points us to look at the other scenario too. He cleared the entrance examination by his hard work but he doesn’t pursue his course to the best of his interest. He wants to enjoy best of his life which was missing during his course of preparation. This attitude definitely hampered his academics. He starts feeling the heat and mental stress. Dislike towards the subject increases and he starts looking for alternatives. By evaluating all the alternatives he zeroes on sitting for another competitive examination for a MBA degree. His ultimate solace becomes the “Money” not academic excellence. Now let us take the case that, had there been any other alternative mechanism for measuring academic ability other than only Standardized tests.

One of that alternative could have been “Continuous Evaluation Mechanism” ,right from the primary school level. Assignments and projects based on innovative thinking could have been given during each year’s study. Complimentary to this, continuous appraisal mechanism could have been setup. This would have led to a position in which teachers and parents might have been able to get good understanding about the ward’s interest and ability towards a particular field of study. And he would have pursued a career in that subject with genuine interest and passion. But we could not necessarily say that this would be the perfect solution for measuring ability. The biggest disadvantage of this evaluation is that there is no comparison happening with other students. This could lead to stagnation and lack of furtherance in efforts. Lethargic attitude could develop due to lack of competition. As the Popular saying goes

“No gain without Pain”.

So the need arises of some sort of method which would infuse competitiveness in the process of learning. For any field of study, there are some basic minimum standards which are required to pursue the subject. So judging the abilities for these basic standards becomes mandatory.

Now, seeing both the sides of a coin regarding measurement one’s academic ability. We could definitely say that neither of the two extremes are good measure of academic ability. The best alternative could be giving equal weights to both i.e. “Basic standards Test” and “Comprehensive evaluation” of past academic excellence in the field. A test could be conducted, added to this person’s profile and continuous engagement in that field during his previous studies could be taken for consideration .And a round of interview would be ice in the cake. This evaluation mechanism could land a person who will be competent enough as well as having genuine interest. Had Shyam gone through this mechanism, he might have been a happy and resourceful fellow.