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Distribution: weekly

  • Legal issues involved in adoption pleas for Covid-19 orphans

    The Covid pandemic has orphaned many children. As a consequence there has been an increase in pleas on social media for adoption. However, such pleas go against the legal provisions. The article deals with the issue.

    Legal provisions for protection of children

    • Today, some people are offering infants for instant adoption by stating how the children have lost their parents to pandemic.
    • However, such adoptions are illegal.
    • The Juvenile Justice (Care and Protection of Children) law was enacted in 2015.
    • The Juvenile Justice Act is a secular law, all persons are free to adopt children under this law.
    • The Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 followed to create the Central Adoption Resource Authority (CARA).
    • CARA is a statutory body for the regulation, monitoring and control of all intra-country and inter-country adoptions.
    • CARA also grants a ‘no objection’ certificate for all inter-country adoptions, pursuant to India becoming a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions.
    • India is also a signatory to the UN Convention on the Rights of the Child.
    • Thus, protections afforded to children became a legal mandate of all authorities and courts.
    • Persons professing the Hindu religion are also free to adopt under the Hindu Adoptions and Maintenance Act of 1956.
    • Rehabilitation of all orphaned, abandoned and surrendered children is regulated by the strict mandatory procedures of the Adoption Regulations.

    Procedure for adoption

    • The eligibility of prospective adoptive parents living in India, duly registered on the Child Adoption Resource Information and Guidance System (CARINGS), irrespective of marital status and religion, is adjudged by specialised adoption agencies preparing home study reports.
    • The specialised adoption agency then secures court orders approving the adoption.
    • All non-resident persons approach authorised adoption agencies in their foreign country of residence for registration under CARINGS.
    • Their eligibility is adjudged by authorised foreign adoption agencies through home study reports.
    • CARA then issues a pre-adoption ‘no objection’ certificate for foster care, followed by a court adoption order.
    • A final ‘no objection’ certificate from CARA or a conformity certificate under the adoption convention is mandatory for a passport and visa to leave India.

    Way forward

    • CARA must conduct an outreach programme on social media, newspapers and TV, warning everyone not to entertain any illegal adoption offers under any circumstances whatsoever.
    • The National and State Commissions for Protection of Child Rights must step up their roles as vigilantes.
    • Social activists, NGOs and enlightened individuals must report all the incidents that come to their notice.
    • Respective State Legal Services Authorities have the infrastructure and machinery to stamp out such unlawful practices brought to their attention.
    • The media must publicise and shame all those involved in this disreputable occupation.
    •  At the same time, the police authorities need to be extra vigilant in apprehending criminals.

    Conclusion

    Tough times call for tough measures. This business of criminal trading of children must be checked with an iron hand.

  • National Programme on Advanced Chemistry Cell Battery Storage

    About the scheme

    • The Cabinet, chaired by Prime Minister has approved the proposal of Department of Heavy Industry for implementation of the Production Linked Incentive (PLI) Scheme ‘National Programme on Advanced Chemistry Cell (ACC) Battery Storage’.
    • Each selected ACC battery Storage manufacturer would have to commit to set-up an ACC manufacturing facility of minimum five (5) GWh capacity and ensure a minimum 60% domestic value addition at the Project level within five years.
    • Furthermore, the beneficiary firms have to achieve a domestic value addition of at least 25% and incur the mandatory investment Rs.225 crore /GWh within 2 Years (at the Mother Unit Level) and raise it to 60% domestic value addition within 5 Years, either at Mother Unit, in-case of an Integrated Unit, or at the Project Level, in-case of “Hub & Spoke” structure.
    • The scheme will help in achieving manufacturing capacity of Fifty (50) Giga Watt Hour (GWh) of ACC and 5 GWh of “Niche” ACC with an outlay of Rs.18,100 crore.

    About ACC

    • ACCs are the new generation of advanced storage technologies that can store electric energy either as electrochemical or as chemical energy and convert it back to electric energy as and when required.

    Benefits of the scheme

    • Setup a cumulative 50 GWh of ACC manufacturing facilities in India under the Programme.
    • Direct investment of around Rs.45,000 crore in ACC Battery storage manufacturing projects.
    • Facilitate demand creation for battery storage in India.
    • Facilitate Make-ln-lndia: Greater emphasis upon domestic value-capture and therefore reduction in import dependence.
    • Net savings of Indian Rs. 2,00,000 crore to Rs.2,50,000 crore on account of oil import bill reduction during the period of this Programme due to EV adoption as ACCs manufactured under the Programme is expected to accelerate EV adoption.
    • The manufacturing of ACCs will facilitate demand for EVs, which are proven to be significantly less polluting.
    • As India pursues an ambitious renewable energy agenda, the ACC program will be a key contributing factor to reduce India’s Green House Gas (GHG) emissions which will be in line with India’s commitment to combat climate change.
    • Import substitution of around Rs.20,000 crore every year.
    • The impetus to Research & Development to achieve higher specific energy density and cycles in ACC.
    • Promote newer and niche cell technologies.

  • Digital Technologies and Inequalities

    Impact of pandemic

    • The novel coronavirus pandemic has accelerated the use of digital technologies in India, even for essential services such as health and education, where access to them might be poor.
    • Economic inequality has increased: people whose jobs and salaries are protected, face no economic fallout.
    • Well-recognised channels of economic and social mobility — education and health — are getting rejigged in ways that make access more inequitable in an already unequal society.

    Growing inequality in access to education

    • According to National Sample Survey data from 2017, only 6% rural households and 25% urban households have a computer.
    • Access to Internet facilities is not universal either: 17% in rural areas and 42% in urban areas.
    • Surveys by the National Council of Educational Research and Training (NCERT), the Azim Premji Foundation, ASER and Oxfam suggest that between 27% and 60% could not access online classes for a range of reasons: lack of devices, shared devices, inability to buy “data packs”, etc.
    • Further, lack of stable connectivity jeopardises their evaluations.
    • Besides this, many lack a learning environment at home.
    • Peer learning has also suffered.

    Inequality in access to health care

    •  India’s public spending on health is barely 1% of GDP.
    • Partly as a result, the share of ‘out of pocket’ (OOP) health expenditure (of total health spending) in India was over 60% in 2018.
    • Even in a highly privatised health system such as the United States, OOP was merely 10%.
    • Moreover, the private health sector in India is poorly regulated in practice.
    • Both put the poor at a disadvantage in accessing good health care.
    • Right now, the focus is on the shortage of essentials: drugs, hospital beds, oxygen, vaccines.
    • In several instances, developing an app is being seen as a solution for allocation of various health services. 
    • Digital “solutions” create additional bureaucracy for all sick persons in search of these services without disciplining the culprits.
    • Platform- and app-based solutions can exclude the poor entirely, or squeeze their access to scarce health services further.
    • In other spheres (e.g., vaccination) too, digital technologies are creating extra hurdles.
    • The use of CoWIN to book a slot makes it that much harder for those without phones, computers and the Internet. 

    Issues with the creation of centralised database

    • The digital health ID project is being pushed during the pandemic when its merits cannot be adequately debated.
    • Electronic and interoperable health records are the purported benefits.
    • For patients, interoperability i.e., you do not have to lug your x-rays, past medication and investigations can be achieved by decentralising digital storage say, on smart cards as France and Taiwan have done.
    • Given that we lack a data privacy law in India, it is very likely that our health records will end up with private entities without our consent, even weaponised against us.
    • For example, a private insurance companies may use health record to deny poor people an insurance policy or charge a higher premium.
    • There are worries that the government is using the vaccination drive to populate the digital health ID database.

    Way forward

    • Unless health expenditure on basic health services (ward staff, nurses, doctors, laboratory technicians, medicines, beds, oxygen, ventilators) is increased, apps such as Aarogya Setu, Aadhaar and digital health IDs can improve little.
    • Unless laws against medical malpractices are enforced strictly, digital solutions will obfuscate and distract us from the real problem.
    • We need political, not technocratic, solutions.

    Conclusion

    Today, there is greater understanding that the harms from Aadhaar and its cousins fall disproportionately on the vulnerable. Hopefully, the pandemic will teach us to be more discerning about which digital technologies we embrace.

  • NASA’s OSIRIS-REx begins journey back from asteroid

    On May 11, NASA’s Origins, Spectral Interpretation, Resource Identification, Security, Regolith Explorer (OSIRIS-REx) spacecraft will depart asteroid Bennu, and start its two-year-long journey back to Earth.

    About OSIRIS-REx

    • OSIRIS-REx is NASA’s first mission to visit a near-Earth asteroid, survey its surface and collect a sample from it.
    • The mission was launched in 2016, it reached its target in 2018 and since then, the spacecraft has been trying to match the velocity of the asteroid using small rocket thrusters.
    • It also utilised this time to survey the surface and identify potential sites to take samples.
    • In October 2020, the spacecraft briefly touched asteroid Bennu, from where it collected samples of dust and pebbles. 
    • Once the surface was disturbed, the spacecraft’s robotic arm captured some samples.
    • The spacecraft’s engineers have also confirmed that shortly after the spacecraft made contact with the surface, it fired its thrusters and “safely backed away from Bennu”.

    About Bennu

    • Bennu is considered to be an ancient asteroid that has not gone through a lot of composition-altering change through billions of years, which means that below its surface lie chemicals and rocks from the birth of the solar system.
    • Around 20-40 percent of Bennu’s interior is empty space and scientists believe that it was formed in the first 10 million years of the solar system’s creation, implying that it is roughly 4.5 billion years old.
    • Bennu is a B-type asteroid, implying that it contains significant amounts of carbon and various other minerals.
    • Because of its high carbon content, the asteroid reflects about four percent of the light that hits it, which is very low when compared with a planet.
    • Bennu is named after an Egyptian deity.
    • The asteroid was discovered by a team from the NASA-funded Lincoln Near-Earth Asteroid Research team in 1999.

  • Israel-Palestine Clash

    Context

    On Monday, Israeli police stormed the Al-Aqsa mosque compound in East Jerusalem, leaving a reported 300 people injured. The stand-off came at the end of a week of tensions over the eviction of Palestinian residents from two neighbourhoods of East Jerusalem, Sheikh Jarrah and Silwan, to make way for Jewish settlers.

    Cause of the clashes

    • The Al-Aqsa is located on a plaza at Temple Mount, which is known in Islam as Haram-e-Sharif.
    • The Mount is also Judaism’s holiest site.
    • The most imposing structure on the compound is the Dome of the Rock, with its golden dome.
    • The Western Wall, also known as the Wailing Wall sacred to Jews, is one side of the retaining wall of the Al-Aqsa compound.
    • Soon after the 1967 Six-Day War ended, Israel gave back to Jordan the administration and management of the Al-Aqsa compound.
    • While non-Muslims have not been allowed to worship at Al-Aqsa, Jewish individuals and groups have made repeated attempts to gain entry to the Mount Temple plaza.
    • Since the late 1990s, around the time of the first intifada, such attempts began occurring with a regularity as Jewish settlers began claiming land in East Jerusalem and surrounding areas.
    • It has led to repeated clashes and tensions at Al-Aqsa.

    Rival claims over Jerusalem

    • Both Israel and Palestine have declared Jerusale their capital.
    • In July 1980, the Israeli Parliament passed the Jerusalem Law declaring it the country’s capital.
    • Palestinians declared Jerusalem the capital of the putative state of Palestine by a law passed by the Palestinian Authority in 2000.
    • The 1988 Palestinian Declaration of Independence also declared Jerusalem as the capital.
    • For the present, the Palestinian Authority has its headquarters in Ramallah.

    How the world is reacting

    • The Security Council held a meeting on the situation in Jerusalem, but did not make any statement immediately.
    • Last Friday, the US said it was “extremely concerned” .
    • The UAE, which recently recognised as Israel as a state and sealed a historic peace agreement to normalise relations with it, has “strongly condemned” the clashes and the planned evictions in Jerusalem over the past week.
    • Saudi Arabia said it “rejects Israel’s plans and measures to evict dozens of Palestinians from their homes in Jerusalem”.
    • Pakistan Prime Minister also condemned Israel for violation of international law.

  • A TRIPS waiver is useful but not a magic pill

    The article highlights the challenges countries could face despite the patent waiver for Covid-19 vaccine.

    TRIPS waiver for Covid-19 vaccine

    • The United States has finally relented and declared its support for a temporary waiver of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement for COVID-19 vaccines at the World Trade Organisation (WTO).
    • Hopefully, the U.S.’s decision would cause other holdouts like Canada and the European Union to give up their opposition.
    • While the U.S.’s decision is to be welcomed, the devil would be in the details.

    The challenges after waiver

    1) Conditions of the waiver

    •  If the experience of negotiating such waivers, especially on TRIPS, were anything to go by, it would be too early to celebrate.
    • In the aftermath of the HIV/AIDS crisis the WTO adopted a decision in 2003 waiving certain TRIPS obligations to increase the accessibility of medicines.
    • However, this waiver (later incorporated as Article 31 bis in the TRIPS agreement) was subject to several stringent requirements such as the drugs so manufactured are to be exported to that nation only; the medicines should be easily identifiable through different colour.
    • Given these cumbersome requirements, hardly any country, in the last 17 years, made effective use of this waiver.

    2) Countries will protect the interest of pharma companies

    •  India and South Africa proposed a waiver not just on vaccines but also on medicines and other therapeutics and technologies related to the treatment of COVID-19.
    • So, the U.S. has already narrowed down the scope of the waiver considerably by restricting it to vaccines.
    • Medicines useful in treating COVID-19 and other therapeutics must be also included in the waiver.
    • While the U.S. would not like to be seen as blocking the TRIPS waiver and attracting the ire of the global community, make no mistake that it would resolutely defend the interests of its pharmaceutical corporations.

    3) Lack of access to technology

    • The TRIPS waiver would lift the legal restrictions on manufacturing COVID-19 vaccines.
    • But it would not solve the problem of the lack of access to technological ‘know-how’ related to manufacturing COVID-19 vaccines.
    • Waiving IP protection does not impose a legal requirement on pharmaceutical companies to transfer or share technology.
    • While individual countries may adopt coercive legal measures for a forced transfer of technology, it would be too draconian and counterproductive.
    • Therefore, governments would have to be proactive in negotiating and cajoling pharmaceutical companies to transfer technology using various legal and policy tools including financial incentives.

    4) Domestic IP regulation

    • While a TRIPS waiver would enable countries to escape WTO obligations, it will not change the nature of domestic IP regulations.
    • Therefore, countries should start working towards making suitable changes in their domestic legal framework to operationalise and enforce the TRIPS waiver.
    • In this regard, the Indian government should immediately put in place a team of best IP lawyers who could study the various TRIPS waiver scenarios and accordingly recommend the changes to be made in the Indian legal framework.

    Conclusion

    Notwithstanding the usefulness of the TRIPS waiver, it is not a magic pill. It would work well only if countries simultaneously address the non-IP bottlenecks.

  • What patent waiver in the COVID fight mean for global health equity

    The article highlights the implications of patent waiver for Covid-19 for global health equity.

    Where the opposition to waiver proposal came from

    • Recently, the US agreed to support the India-South Africa proposal, seeking a waiver of patent protection for technologies needed to combat and contain COVID-19.
    • Response to the proposal was divided during earlier debates at the WTO.
    • While many low and middle income countries supported it, resistance came from the U.S., the United Kingdom, the European Union, Switzerland, Australia and Japan.
    • Since the WTO operates on consensus rather than by voting, the proposal did not advance despite drawing support of over 60 countries.
    • Predictably, the pharmaceutical industry fiercely opposed it and vigorously lobbied many governments.
    • Right-wing political groups in the high income countries sided with the industry.

    Issues with the reasons given for opposition to the waiver proposal

    1) Quality and safety of vaccine production in low and middle-income countries

    • It was argued that the capacity for producing vaccines of assured quality and safety was limited to some laboratories.
    • So, it is argued that it would be hazardous to permit manufacturers in low and middle-income countries.
    • However, pharmaceutical manufacturers have no reservations about contracting industries in those countries to manufacture their patent-protected vaccines for the global market.

    2) Licenced manufacturing

    • The counter to patent waiver is an offer to license manufacturers in developing countries while retaining patent rights.
    • This restricts the opportunity for production to a chosen few.
    • The terms of those agreements are opaque and offer no assurance of equity in access to the products at affordable prices, either to the country of manufacture or to other developing countries.

    3) Supplying vaccines through COVAX facility

    • It was also stated that developing countries could be supplied vaccines through the COVAX facility, set up by several international agencies and donors.
    • While well-intended, it has fallen far short of promised delivery.
    • Some U.S. states have received more vaccines than entire Africa has from COVAX.

    4) No availability of extra capacity for vaccine production

    • Critics of a patent waiver say there is no evidence that extra capacity exists for producing vaccines outside of firms undertaking them now.
    • Even before the change in the U.S.’s position, manufacturers from many countries expressed their readiness and avidly sought opportunities to produce the approved vaccines.
    • They included industries in Canada and South Korea, suggesting that capable manufacturers in high income countries too are ready to avail of patent waivers but are not being allowed to enter a restricted circle.
    • The World Health Organization’s mRNA vaccine technology transfer hub has already drawn interest from over 50 firms.
    • Instead of arguing that capacity is limited, high-income countries and other donors should be supporting the growth of more capacity to meet the current and likely future pandemic.
    • They should learn from the manner in which India built up capacity and gained a reputation as a respected global pharmacy by moving from product patenting to process patenting between 1970 and 2005.

    5) Time required to utilise patented technology is long

    • Patent waivers are also dismissed as useless on the grounds that the time taken for their utilisation by new firms will be too long to help combat the present pandemic.
    • But many countries have low vaccination rates and variants are gleefully emerging from unprotected populations.
    • This makes it difficult to put the end date for the pandemic to end

    6) China factor

    • An argument put forth by multinational pharmaceutical firms is that a breach in the patent barricade will allow China to steal their technologies, now and in the future.
    • The original genomic sequence was openly shared by China, which gave these firms a head start in developing vaccines.

    Issue of rewarding innovation financially

    • Much of the foundational science that built the path for vaccine production came from public-funded universities and research institutes.
    • Further, what use is it to hold on to patents when global health and the global economy are devastated?
    • It is often argued that for defending patent protection, is that innovation and investment by industry need to be financially rewarded to incentivise them to develop new products.
    • Even if compulsory licences are issued bypassing patent restrictions, royalties are paid to the original innovators and patent holders.

    Way forward

    • Developing countries must take heart from his gesture and start issuing compulsory licences.
    • The Doha declaration on TRIPS flexibilities permits their use in a public health emergency.
    • High-income countries and multilateral agencies should provide financial and technical support to enable expansion of global production capacity.

    Consider the question “Why are the implications of patent waiver for Covid-19 vaccine for the global health equity? What were the reasons for opposition to waiver proposal?” 

    Conclusion

    The U.S.-supported patent waiver in the COVID fight has the potential to bring in much-needed global health equity.

  • Section 142 of the Social Security Code – 2020 Notified

    Aadhaar mandatory

    • The Union government has made Aadhaar mandatory for availing social security benefits, and for registration on a national informal workers’ database being developed for migrants.
    • The labour ministry has notified section 142 of the social security code.
    • It allows authorities to collect Aadhaar details for the database of beneficiaries under various social security schemes.
    • The move will be applicable to both formal and informal workers and may also help in curbing duplication of data by keeping imposters at bay, authorities said.
    • However, people who don’t have Aadhaar will not be denied of benefits, the ministry claims.

    National informal workers’ database

    •  National database for unorganized workers is at an advanced stage of development by National Informatics Centre.
    • The portal is aimed at collection of data for unorganized workers, including migrant workers for the purpose of giving benefits of the various schemes of the government.
    • An inter-state migrant worker can register himself on the portal on the basis of submission of Aadhaar alone.

    ——————————————————//—————————————–

    BACK2BASICS

    • The Code on Social Security, 2020 is a code to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors.
    • The Social Security Code, 2020 brings unorganised sector, gig workers and platform workers under the ambit of social security schemes, including life insurance and disability insurance, health and maternity benefits, provident fund and skill upgradation, etc. The act amalgamates 9 central labour enactments relating to social security.
    • To access complete Act, you can click on the link given below:

    https://labour.gov.in/sites/default/files/SS_Code_Gazette.pdf

  • RBI steps in to ease COVID-19 burden

    Term Liquidity Facility announced

    • Reserve Bank of India stepped in on Wednesday with measures aimed at alleviating any financing constraints for healthcare infrastructure and services reeling under the second Covid wave.
    • RBI Governor announced a Term Liquidity Facility of ₹50,000 crore with tenor of up to three years, at the repo rate, to ease access to credit for providers of emergency health services.
    • Under the scheme, banks will provide fresh lending support to a wide range of entities, including vaccine manufacturers, importers/suppliers of vaccines and priority medical devices, hospitals/dispensaries, pathology labs, manufacturers and suppliers of oxygen and ventilators, and logistics firms. 
    • These loans will continue to be classified under priority sector till repayment or maturity, whichever is earlier.

    Measures for individual and MSME borrowers

    • As part of a “comprehensive targeted policy response”, the RBI also unveiled schemes to provide credit relief to individual and MSME borrowers impacted by the pandemic.
    • RBI unveiled a Resolution Framework 2.0 for COVID-related stressed assets of individuals, small businesses and MSMEs.
    • To provide further support to small business units, micro and small industries, and other unorganised sector entities the RBI decided to conduct special three-year long-term repo operations (SLTRO) of ₹10,000 crore at the repo rate for Small Finance Banks.
    • The SFBs would be able to deploy these funds for fresh lending of up to ₹10 lakh per borrower.
    • In view of the fresh challenges brought on by the pandemic and to address the emergent liquidity position of smaller MFIs, SFBs are now being permitted to reckon fresh lending to smaller MFIs (with asset size of up to ₹500 crore) for onlending to individual borrowers as priority sector lending.

    Measure for States

    • To enable the State governments to better manage their fiscal situation in terms of their cash flows and market borrowings, maximum number of days of overdraft (OD) in a quarter is being increased from 36 to 50 days and the number of consecutive days of OD from 14 to 21 days, the RBI said.

  • [pib] Kerala presents its Annual Action plan under Jal Jeevan Mission

    Annual Action Plan presented

    • Annual Action Plan (AAP) on planning and implementation of Jal Jeevan Mission (JJM) in Kerala was presented.
    • Kerala State officials outlined the roadmap of the financial year 2021-2022 to the national committee via video conferencing.
    • The State plans to achieve the target of ‘Har Ghar Jal’ by 2024.
    • The State also plans to provide potable water in all quality-affected habitations by June 2021 through piped water supply or Community Water Purification Plants (CWPP).
    • The national committee analysed and advised on the plan presented by the State.
    • The committee emphasized the preparation of Village Action Plans and the constitution of Village Water &Sanitation Committee/ Pani Samiti as a sub-committee of Gram Panchayat with a minimum 50% of women members.
    • Also, emphasis is required on Water Quality Monitoring & Surveillance (WQM&S) activities to ensure Field Test Kit testing at Gram Panchayat level, Aanganwadi centres and schools.

    About Jal Jeevan Mission

    • Jal Jeevan Mission is the flagship programme of Government of India, which aims to provide household tap water connection to every rural household by 2024.
    • Since announcement of the mission in August 2019, 4.17 Core new tap connections have been provided in the rural areas of the country during this period.
    • As a result, 7.40 Crore (38.56%) rural households have tap water supply vis-à-vis 3.23 Crore (17%) in 2019.
    •  Efforts are made to dovetail all available resources by convergence of different programmes viz. MGNREGS, SBM, 15th Finance Commission Grants to PRIs, CAMPA funds, Local Area Development Funds, etc.

    Allocation for the JJM

    •  In 2021-22, Rs. 50,000 Crore budgetary allocation has been made for Jal Jeevan Mission.
    • In addition to this, there is also Rs. 26,940 Crore assured fund available under the 15th Finance Commission tied grants to RLBs/ PRIs for water & sanitation, matching State share and externally aided projects.
    • Thus, in 2021-22, more than Rs. 1 lakh Crore is planned to be invested in the country on ensuring tap water supply to rural homes.
    • This huge investment will give a boost to manufacturing activities, create employment opportunities in rural areas as well boost the rural economy.