Democracy: Migrant Disenfranchisement

Syllabus: Polity
Source: The Hindu

During the Special Intensive Revision (SIR), nearly 3.5 million voters (4.4% of Bihar’s electorate), most of them migrants, have been deleted from the electoral rolls. This has raised serious concerns of systematic migrant disenfranchisement ahead of elections.

What is Migrant Disenfranchisement?

• It refers to the exclusion of migrant workers from exercising their right to vote, whether in their home state or destination state.
• Migrants often fall into a “political limbo” — not registered at the destination, and deleted from their home state rolls due to absence during verification.

Existing Safeguards

• Representation of the People Act, 1950 & 1951 – Grants every citizen the right to be enrolled in their constituency of ordinary residence.
• Electoral Roll Management (ERONET) – Enables continuous updating of rolls.
• Special Provisions by the Election Commission (ECI) – For instance, discussions on One Nation, One Voter ID portability (not yet implemented).
• Proxy Voting Proposals – Available for overseas Indians, but not for internal migrants.
• Civil Society Interventions – Migrant surveys in states like Kerala highlight such gaps.

Structural Causes of Migrant Disenfranchisement

1. Sedentary Electoral Framework
   • Voter registration in India is tied to permanent residence and physical verification.
   • Migrants living in rented houses, slums, or worksites often lack documents and get excluded.
2. Circular and Split-Family Migration
   • Nearly 7 million people migrate annually from Bihar for work.
   • Locked houses during migration are interpreted as permanent migration, leading to deletion from rolls.
3. Administrative & Social Barriers
   • TISS–ECI Study (2015): Migrants face a triple burden — administrative hurdles, digital illiteracy, and social exclusion.
   • Destination states often discourage enrolling migrants, fearing political shifts.
4. Regionalism and Sub-Nationalism
   • Migrants are often labelled “outsiders” or “job-stealers.”
   • Domicile rules for jobs fuel opposition to their political inclusion in host states.
5. Comparison with Welfare Portability
   • Similar to One Nation, One Ration Card, dual-residency rights have limited acceptance.
   • Fear of losing welfare benefits discourages migrants from shifting political/food security identity to host states.

Consequences

• Democratic Deficit
  • Bihar’s average voter turnout (last four Assembly elections) is 53.2%, compared to Gujarat (66.4%) and Karnataka (70.7%).
  • Migrant-heavy states consistently record lower voter participation.
• Disenfranchisement of the Poor
  • Deletion of absent voters disproportionately affects the poor, seasonal, and vulnerable groups.
  • Creates a “two-tier democracy”: settled citizens retain rights, while mobile poor lose their political voice.
• Gendered & Border Impact
  • Along the India–Nepal border, women migrants face documentation and citizenship challenges.
  • Increases risks of gender-based exclusion and xenophobia.

Way Forward

1. Portable Voter Identity
   • Develop a national mobile electoral ID enabling voting in both work and residence states.
   • Link with Aadhaar-based authentication, ensuring privacy safeguards.
2. Cross-State Coordination
   • Cross-verification with destination states before deleting names.
   • Allow temporary voter registration for seasonal migrants.
3. Civil Society Participation
   • Empower panchayats and NGOs to run migrant re-enrolment drives.
   • Replicate Kerala’s migrant survey model in Bihar, UP, and other source states.
4. Policy Harmonisation
   • Align migration-sensitive reforms with labour codes, welfare portability, and voting rights.
   • Recognise circular migration as part of India’s economic fabric.

Conclusion

India’s democracy cannot afford to silence millions of migrant workers, whose remittances sustain states like Bihar. The current electoral system is based on a sedentary citizen model, which urgently needs reform. Without portable voter IDs, inter-state coordination, and inclusive outreach, India risks its largest-ever disenfranchisement — not of dissenters, but of citizens who migrate for survival.

The Need for Space Law

Syllabus: Space
Source: The Hindu

India is preparing to celebrate its second National Space Day on August 23. Meanwhile, projects following Chandrayaan-3 and ambitious missions like Gaganyaan are underway. Yet, India still lacks a comprehensive national space law to regulate and support private and commercial activities.

What is Space Law?

• Space law is the legal framework that governs activities in outer space (exploration, commercialization, security, liability, peaceful use).
• It balances international treaties with domestic regulations.

The Outer Space Treaty (OST), 1967 and its Principles

1. Common Heritage: Outer space is the property of all humanity; no nation can claim sovereignty.
2. Peaceful Use: Outer space must not be militarized.
3. State Responsibility: States are responsible for both governmental and private activities.
4. Liability Provisions: The launching state is liable for damages caused by its space objects.
5. International Cooperation: Promotes scientific exchange and sustainable exploration.

Why is a National Space Law Necessary?

• Legal Clarity and Predictability: Provides a stable regulatory framework for public and private players, reducing bureaucratic hurdles.
• Safety and Compliance: Establishes standards for technology, licensing, accident investigation, and space debris management.
• Boost to Private Sector and FDI: Clear rules on licensing, IPR, insurance, and FDI would attract foreign investment.
• Insurance and Liability Framework: Third-party insurance for expensive space projects protects startups, while sharing India’s international liability burden.
• Innovation and Talent Retention: IPR protection fosters research, industry–academia collaboration, and investor confidence.

India’s Current Approach

• Incremental Strategy: India has ratified UN treaties but has not passed a comprehensive space law.
• Policy Frameworks:
  • Indian Space Policy 2023 → Encourages private participation.
  • IN-SPACe guidelines → Permissions for non-government entities.
  • Standards for Space Industry → Ensures safety and quality.
• Gaps Remain: IN-SPACe lacks statutory authority, and there is no overarching law.

Challenges

1. Regulatory Fragmentation: Separate approvals required from Defence, Telecommunications, Commerce, and Space ministries.
2. IN-SPACe Not Statutory: Currently functions only through executive orders.
3. Liability and Insurance Concerns: Under OST, India is liable for private launches too.
4. FDI Uncertainty: Limited FDI in satellite manufacturing; vague rules discourage investors.
5. Lack of IP and Innovation Protection: Over-regulation could stifle innovation, while weak safeguards risk talent flight.

Way Forward

• Enact Comprehensive Space Law: Clearly define roles of government and private sector, share liabilities.
• Grant Legal Powers to IN-SPACe: Establish as a single-window regulator.
• Develop Accessible Insurance Framework: Government-supported insurance for startups.
• Liberalize FDI Rules: Allow 100% automatic route in satellite components and services.
• Strengthen IP and Innovation: Protect patents of private players; encourage academia–industry–government collaboration.

Conclusion

India’s space program is transitioning from state-led exploration to private sector–driven commercialization. But without a national space law, this growth will face uncertainty, liability risks, and regulatory gaps. A comprehensive law would help India meet international obligations, build a competitive space economy, and play a leadership role in global space governance.