Enshrined in law

Secularism became a vital part of the Indian constitution after independence, but it is now under th

The French writer André Malraux once asked Jawaharlal Nehru, India's first prime minister, what his greatest challenge had been since independence. "Creating a just state by just means," he replied. Then, after a pause, he added: "Perhaps, too, creating a secular state in a religious country."

India has always been a deeply religious ­nation. Four of the world's major faiths - Hinduism, Buddhism, Sikhism and Jainism - emerged there. Today, it has the third-largest Muslim population on earth, at roughly 150 million, and there are also about 30 million Christians. Though four out of five Indians are Hindus, each of the other major faiths constitutes a majority in one or more of the country's provinces: for example, the Sikhs in Punjab, the Christians in Nagaland and the Muslims in Jammu and Kashmir.

But more than six decades on from independence, India remains an avowedly secular nation state. The preamble to its constitution says: "We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular democratic republic . . .'' The word "secular" was inserted in a 1976 constitutional amendment, in order to make the position explicit.

The constitution does not, however, define what it means by "secular", and nor have the judges of the country's Supreme Court ever settled on an official definition. The Hindi word that is commonly used for secularism in India is dharmanirapekshata, which means "indifference towards religion".In the words of the political scientist Ashutosh Varney, this indifference translates - in theory, if not in practice - "into religious equidistance, not non-involvement". Religions are cherished and valued, and are part of public life, but they have no claims over one another, nor to state or political power.

“In the Indian context, secularism means something quite different from what it does in Europe," Soumya Bhattacharya, editor of the Mumbai-based Hindustan Times, tells me. "Over here, it connotes a tolerance of all religions and actively working towards the coexistence of different religions. In India, a religious person can, and should, be secular."

Divide and rule

Such a view might seem odd in Europe, where the French model of laïcité, for example - often described as the most extreme interpretation of western secularism - is based on a strict separation between state and organised religion. In contrast, the Indian model does not see a wall of separation between politics and faith but, instead, insists on the neutrality of the state towards religion. Indian secularism does not require the state to be irreligious or anti-religious; nor does it ban religion from the public sphere, as is the case in France.

But does such a model of secularism work in practice? "India shows that it is possible, warts and all, to have a functioning, secular judiciary and legal system and to refuse the idea that one religion or sect - be it Hinduism in India or Anglicanism in the UK - gets to set the terms of debate," says Priyamvada Gopal, the Indian-born author and Cambridge University lecturer.

Some in the west assume that the British bequeathed to India its secular fabric, along with democracy, the rule of law and the railways. But this simplistic view ignores the Raj's "divide-and-rule" strategies, which tended to exacerbate rather than reduce tensions between faiths, particularly Hindus and Muslims. The reality, Gopal argues, is that India's state-­sponsored secularism "found subcontinental resources to draw on in the form of an existing heterogeneity and traditions of tolerant, everyday coexistence" between communities.

Separation between faith and state is an ancient feature of Indian society. According to Hindu tradition, there is a split in authority between priest and ruler, the Brahmin and the Kshatriya. "It is an undoubted fact that in India, religions and philosophical thinkers were able to enjoy perfect, nearly absolute freedom for a long period," wrote the sociologist Max Weber in The Religion of India in 1915. "The freedom of thought in ancient India was so considerable as to find no parallel in the west before the most recent age."

Secularism, as leaders of the Indian independence movement such as Mahatma Gandhi, Maulana Abul Kalam Azad and Nehru recognised in the 1930s and 1940s, was not an alien ideology, but "an inextricable part of the nationalist self-conception at independence", says Shabnum Tejani, lecturer in south Asian history at the School of Oriental and African Studies in London. But while Gandhi (a Hindu) and Azad (a Muslim) embraced secularism from their respective religious perspectives, the atheist Nehru was the first to accept it in a political sense. On 3 April 1948, he declared in the Constituent Assembly that: "The alliance of religion and politics . . . is a most dangerous alliance, and it yields the most abnormal kind of illegitimate brood."

In the years after independence in 1947, the idea of India as an inclusive, secular, democratic state became an article of faith among the country's political and cultural elite. Supporters of secularism point to the success that the country has had in enshrining the rights of minorities in law, while also allowing faith communities the freedom to opt for a (voluntary) system of "personal law" on certain family issues, such as marriage and divorce, governed by their respective religious laws. Meanwhile, religious diversity in the public sphere has flourished. The former president of India A P J Abdul Ka­lam is a Muslim, as have been two other former heads of state; the current prime minister, Manmohan Singh, is a Sikh; the head of the Congress Party (and arguably the most powerful person in the country), Sonia Gandhi, is a Roman Catholic.

End of an era

It is important not to romanticise modern, secular India, however. Muslims are among the most deprived communities in the country, with lower-than-average life expectancies and literacy rates. The ghettoisation of Muslim and Christian communities is growing. India's secularism is also riddled with contradictions. Religious festivals, such as Diwali, Eid and Christmas, may not have been granted the status of national holidays, but the state offers various perks to faith communities. The government subsidises air fares for Muslim passengers travelling to Saudi Arabia for the annual hajj pilgrimage (to the tune of roughly 50,000 rupees, or £700, per passenger). "India has evolved to a situation where secularism means treating individual religious communities, especially the Muslims, as requiring special treatment," says Meghnad Desai, the Indian-born Labour peer and author of The Rediscovery of India.

This has long been the challenge from the Hindu right, which alleges that the Indian secular model as advanced by Nehru and his heirs is "western" and "anti-Hindu", "appeases minorities" and is, therefore, "pseudo-secular". One main complaint of right-wing Hindu politicians is the lack of a uniform civil code for all citizens. They point to the anomaly of Muslims being allowed up to four wives under their "personal law", while non-Muslim Indians are legally bound to be monogamous.

Secularism, warns Bhattacharya, is "under threat" - from the rise of Hindu nationalism and militant Islam. The former is heightened by the presence in the political mainstream of the Bharatiya Janata Party (BJP), which is affiliated to the Hindu far right, and the latter by the worrying emergence of home-grown Muslim jihadist groups such as the Indian Mujahideen. Bhattacharya points to the Hindu-Muslim riots of the early 1990s, in which approximately 1,000 people were killed in Mumbai after the demolition of a mosque in the Hindu holy city of Ayodhya, and the pogrom against Muslims in the state of Gujarat in 2002, which led to the deaths of an estimated 2,000 people.

So, is the era of Indian secularism over? On the contrary: the Indian public reaffirmed its commitment to secularism in the general election of 2009, which brought resounding victory to the Congress Party and its secular allies and a crushing defeat for the BJP. Even critics, including Desai, acknowledge that it has virtues worth emulating here in the west. "The Indian stance of empowering communities as having some autonomy within the law could be copied by Europeans - as long as we are sure that the basis of human rights as individualistic is retained," he tells me. Others are more sympathetic. "It's not perfect and perhaps it should be regarded as a work in progress," Gopal says, "but the basic model is worth defending."

Ultimately, a diverse polity such as India can prosper only if it has faith in the inclusive and religiously neutral model of governance established by its founders in 1947. As Gopal says, this model of secularism is "integral to the survival of a nation cobbled together from such a diverse range of faiths, practices, beliefs, identities and languages".

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

This article first appeared in the 19 July 2010 issue of the New Statesman, Godless Britain

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Are smart toys spying on children?

If you thought stepping on a Lego was bad, consider the new ways in which toys can hurt and harm families.

In January 1999, the president of Tiger Electronics, Roger Shiffman, was forced to issue a statement clearing the name of the company’s hottest new toy. “Furby is not a spy,” he announced to the waiting world.

Shiffman was speaking out after America’s National Security Agency (NSA) banned the toy from its premises. The ban was its response to a playground rumour that Furbies could be taught to speak, and therefore could record and repeat human speech. “The NSA did not do their homework,” said Shiffman at the time.

But if America’s security agencies are still in the habit of banning toys that can record, spy, and store private information, then the list of contraband items must be getting exceptionally long. Nearly 18 years after TE were forced to deny Furby’s secret agent credentials, EU and US consumer watchdogs are filing complaints about a number of WiFi and Bluetooth connected interactive toys, also known as smart toys, which have hit the shelves. Equipped with microphones and an internet connection, many have the power to invade both children’s and adults’ private lives.

***

“We wanted a smart toy that could learn and grow with a child,” says JP Benini, the co-founder of the CogniToys “Dino”, an interactive WiFi-enabled plastic dinosaur that can hold conversations with children and answer their questions. Benini and his team won the 2014 Watson Mobile Developer Challenge, allowing them to use the question-answering software IBM Watson to develop the Dino. As such, unlike the “interactive” toys of the Nineties and Noughties, Dino doesn’t simply reiterate a host of pre-recorded stock phrases, but has real, organic conversations. “We grew it from something that was like a Siri for kids to something that was more conversational in nature.”

In order for this to work, Dino has a speaker in one nostril and a microphone in the other, and once a child presses the button on his belly, everything they say is processed by the internet-connected toy. The audio files are turned into statistical data and transcripts, which are then anonymised and encrypted. Most of this data is, in Benini’s words, “tossed out”, but his company, Elemental Path, which owns CogniToys, do store statistical data about a child, which they call “Play Data”. “We keep pieces from the interaction, not the full interaction itself,” he tells me.

“Play Data” are things like a child’s favourite colour or sport, which are used to make a profile of the child. This data is then available for the company to view, use, and pass on to third parties, and for parents to see on a “Parental Panel”. For example, if a child tells Dino their favourite colour is “red”, their mother or father will be able to see this on their app, and Elemental Path will be able to use this information to, Benini says, “make a better toy”.

Currently, the company has no plans to use the data with any external marketers, though it is becoming more and more common for smart toys to store and sell data about how they are played with. “This isn’t meant to be just another monitoring device that's using the information that it gathers to sell it back to its user,” says Benini.

Sometimes, however, Elemental Path does save, store, and use the raw audio files of what a child has said to the toy. “If the Dino is asked a question that it doesn’t know, we take that question and separate it from the actual child that’s asking it and it goes into this giant bucket of unresolved questions and we can analyse that over time,” says Benini. It is worth noting, however, that Amazon reviews of the toy claim it is frequently unable to answer questions, meaning there is potentially an abundance of audio saved, rather than it being an occasional occurrence.

CogniToys have a relatively transparent Privacy Policy on their website, and it is clear that Benini has considered privacy at length. He admits that the company has been back and forth about how much data to store, originally offering parents the opportunity to see full transcripts of what their child had been saying, until many fed back that they found this “creepy”. Dino is not the first smart toy to be criticised in this way.

Hello Barbie is the world’s first interactive Barbie doll, and when it was released by Mattel in 2015, it was met with scorn by parents’ rights groups and privacy campaigners. Like Dino, the doll holds conversations with children and stores data about them which it passes back to the parents, and articles expressing concerns about the toy featured on CNN, the Guardian, and the New York Times. Despite Dino’s similarities, however, Benini’s toy received almost no negative attention, while Hello Barbie won the Campaign for a Commercial-Free Childhood’s prize for worst toy of the year 2015.

“We were lucky with that one,” he says, “Like the whole story of the early bird gets the worm but the second worm doesn’t get eaten. Coming second on all of this allowed us to be prepared to address the privacy concerns in greater depth.”

Nonetheless, Dino is in many ways essentially the same as Hello Barbie. Both toys allow companies and parents to spy on children’s private playtimes, and while the former might seem more troubling, the latter is not without its problems. A feature on the Parental Panel of the Dino also allows parents to see the exact wording of questions children have asked about certain difficult topics, such as sex or bullying. In many ways, this is the modern equivalent of a parent reading their child's diary. 

“Giving parents the opportunity to side-step their basic responsibility of talking to, engaging with, encouraging and reassuring their child is a terrifying glimpse into a society where plastic dinosaurs rule and humans are little more than machines providing the babies for the reptile robots to nurture,” says Renate Samson, the chief executive of privacy campaign group Big Brother Watch. “We are used to technology providing convenience in our lives to the detriment of our privacy, but allowing your child to be taught, consoled and even told to meditate by a WiFi connected talking dinosaur really is a step in the wrong direction.”

***

Toy companies and parents are one thing, however, and to many it might seem trivial for a child’s privacy to be comprised in this way. Yet many smart toys are also vulnerable to hackers, meaning security and privacy are under threat in a much more direct way. Ken Munro, of Pen Test Partners, is an ethical hacker who exposed security flaws in the interactive smart toy “My Friend Cayla” by making her say, among other things, “Calm down or I will kick the shit out of you.”

“We just thought ‘Wow’, the opportunity to get a talking doll to swear was too good,” he says. “It was the kid in me. But there were deeper concerns.”

Munro explains that any device could connect to the doll over Bluetooth, provided it was in range, as the set-up didn’t require a pin or password. He also found issues with the encryption processes used by the company. “You can say anything to a child through the doll because there's no security,” he says. “That means you've got a device that can potentially be used to groom a child and that's really creepy.”

Pen Test Partners tells companies about the flaws they find with their products in a process they call “responsible disclosure”. Most of the time, companies are grateful for the information, and work through ways to fix the problem. Munro feels that Vivid Toy Group, the company behind Cayla, did a “poor job” at fixing the issue. “All they did was put one more step in the process of getting it to swear for us.”

It is one thing for a hacker to speak to a child through a toy and another for them to hear them. Early this year, a hack on baby monitors ignited such concerns. But any toy with speech recognition that is connected to the internet is also vulnerable to being hacked. The data that is stored about how children play with smart toys is also under threat, as Fisher Price found out this year when a security company managed to obtain the names, ages, birthdays, and genders of children who had played with its smart toys. In 2015, VTech also admitted that five million of its customers had their data breached in a hack.

“The idea that your child shares their playtime with a device which could potentially be hacked, leaving your child’s inane or maybe intimate and revealing questions exposed is profoundly worrying,” says Samson. Today, the US Electronic Privacy Information Center (EPIC) said in a statement that smart toys “pose an imminent and immediate threat to the safety and security of children in the United States”. 

Munro says big brands are usually great at tackling these issues, but warns about smaller, cheaper brands who have less to lose than companies like Disney or Fisher Price. “I’m not saying they get it right but if someone does find a problem they’ve got a huge incentive to get it right subsequently,” he says of larger companies. Thankfully, Munro says that he found Dino to be secure. “I would be happy for my kids to play with it,” he says. “We did find a couple of bugs but we had a chat with them and they’re a good bunch. They aren’t perfect but I think they’ve done a hell of a lot of a better job than some other smart toy vendors.”

Benini appears alert to security and the credibility it gives his company. “We took the security very, very seriously,” he says. “We were still building our systems whilst these horror stories were coming about so I already set pipelines and parameters in place. With a lot of devices out there it seems that security takes a backseat to the idea, which is really unfortunate when you’re inviting these devices into your home.”

As well as being wary of smaller brands, Munro advises that parents should look out for Bluetooth toys without a secure pairing process (ie. any device can pair with the toy if near enough), and to think twice about which toys you connect to your WiFi. He also advises to use unique passwords for toys and their corresponding apps.

“You might think ‘It's just a toy, so I can use the same password I put in everything else’ – dog’s name, football club, whatever – but actually if that ever got hacked you’d end up getting all your accounts that use that same password hacked,” he says.

Despite his security advice, Munro describes himself as “on the fence” about internet-connected smart toys as a whole. “Most internet of things devices can be hacked in one way or another,” he says. “I would urge caution.”

***

Is all of this legal? Companies might not be doing enough ethically to protect the privacy of children, but are they acting responsibly within the confines of the law?

Benini explains that Dino complies with the United States Children's Online Privacy Protection Act (COPPA) of which there is no real equivalent in the UK. COPPA says that companies must have parental permission to collect personal information over the internet about children under 13 years of age. “We’ve tried to go above and beyond the original layout of COPPA,” says Benini, when describing CogniToys transparent privacy documents. Parents give their consent for Elemental Path to collect their children’s data when they download the app that pairs with the toy.

Dino bears a striking similarity to Amazon Echo and Google Home, smart speakers that listen out for commands and questions in your home. Everything that is said to Amazon Echo is recorded and sent to the cloud, and an investigation by the Guardian earlier this year discovered that this does not comply with COPPA. We are therefore now in a strange position whereby many internet of things home devices are legally considered a threat to a child’s privacy, whereas toys with the same capabilities are not. This is an issue because many parents may not actually be aware that they are handing over their children’s data when installing a new toy.

As of today, EU consumer rights groups are also launching complaints against certain smart toys, claiming they breach the EU Unfair Contract Terms Directive and the EU Data Protection Directive, as well as potentially the Toy Safety Directive. Though smart toys may be better regulated in Europe, there are no signs that the problem is being tackled in the UK. 

At a time when the UK government are implementing unprecedented measures to survey its citizens on the internet and Jeremy Hunt wants companies to scour teens’ phones for sexts, it seems unlikely that any legislation will be enacted that protects children’s privacy from being violated by toy companies. Indeed, many internet of things companies – including Elemental Path – admit they will hand over your data to government and law enforcement officials when asked.

***

As smart toys develop, the threat they pose to children only becomes greater. The inclusion of sensors and cameras means even more data can be collected about children, and their privacy can and will be compromised in worrying ways.

Companies, hackers, and even parents are denying children their individual right to privacy and private play. “Children need to feel that they can play in their own place,” says Samson. It is worrying to set a precedent where children get used to surveillance early on. All of this is to say nothing of the educational problems of owning a toy that will tell you (rather than teach you) how to spell “space” and figure out “5+8”.

In a 1999 episode of The Simpsons, “Grift of the Magi”, a toy company takes over Springfield Elementary and spies on children in order to create the perfect toy, Funzo. It is designed to destroy all other toys, just in time for Christmas. Many at the time criticised the plot for being absurd. Like the show's prediction of President Trump, however, it seems that we are living in a world where satire slowly becomes reality.

Amelia Tait is a technology and digital culture writer at the New Statesman.