đŸ’„Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: GS2-13.Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

  • Issues faced by Teachers in India

    teacher Context

    • 5 September is teacher’s day. Teachers’ Day or Shikshak Divas marks the birthday of the country’s first Vice President (1952–1962) who went on to become the second President of India (1962-1967), a scholar, philosopher, Bharat Ratna awardee, a highly-respected teacher and prolific statesman – Dr Sarvapalli Radhakrishnan.

    teacher What are the issue with teachers?

    • Less attractive career: It seems that teaching the young is no longer an attractive profession because systemic conditions are so discouraging. It points towards the reforms that education now requires.
    • Diversion from teaching: Teaching children is not regarded as a serious profession. Non-teaching duties are routinely assigned, and now the digital regime has washed away the few traces of professional autonomy even in the best of private schools.
    • Bureaucratic over vigilance: So deep is official suspicion of their integrity that many states have installed CCTV cameras in classrooms. That is not the only form of insult teacher’s face. They have little power to assert their professional dignity in the face of bureaucratic or managerial authority.
    • Marginalisation by coaching institutes: The Indian school teacher now faces new social and economic forces. Coaching institutions have marginalised the secondary-level science teacher. All over the country, children are allowed to bunk school to attend NEET and JEE coaching classes. Science and math teachers were, in any case, aware that their pedagogic effectiveness would be measured by an unreformed examination system.
    • Reliability issue due to internet overuse: Social Science teachers are coping with a different kind of challenge to justify their knowledge and interpretation. Children’s access to the internet exposes them to a wilderness of socio-political ideas and information. It is not easy for social science teachers to convince children that they are more reliable than a YouTube video or a WhatsApp message.

    Catchy line in this context for value addition

    Jinke jiwan me guru nahi, unka jiwan abhi shuru nahi.

    How to address these challenges

    • Supporting teacher control over curriculum and instruction: Classical top-down school leadership needs to be re-examined, and teachers must be recognized as professionals who have expertise to make good learning decisions for their students.
    • Establish adequate pay scales and financial incentives: Compensation systems signal what skills and attributes are valued and what kinds of contributions are rewarded.
    • Establish and conduct personnel evaluation systems: Teachers need regular feedback and accurate information on job expectations.
    • Provide adequate planning time for teachers: While all teachers work under tremendous time constraints, experienced teachers generally are able to complete their planning more quickly. For new teachers, adequate planning time can allay feelings of being overwhelmed.
    • Provide a structure for team planning and teaching: Teachers often report feeling isolated in their classrooms. Team planning and teaching can be an important step in retaining a high quality teaching force.

    teacher Conclusion

    • Since the teacher is the pivot of the entire educational system and is the main catalytic agent for introducing desirable changes in the teaching learning process, all attempts need be made for motivating teachers to become innovative and creative. It goes without saying that a self-motivated and really industrious teacher can utilise his own resources to keep themselves abreast of new knowledge and skills.

    Mains question

    Q. It seems that teaching the young is no longer an attractive profession because systemic conditions are so discouraging. Critically analyse.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Bhang, Ganja, and criminality in the NDPS Act

    While granting bail to a man arrested on June 1 for possessing 29 kg of bhang and 400 g of ganja, Karnataka High Court recently observed that nowhere in the Narcotic Drugs and Psychotropic Substances (NDPS) Act is bhang referred to as a prohibited drink or prohibited drug.

    What is Bhang?

    • Bhang is the edible preparation made from the leaves of the cannabis plant, often incorporated into drinks such as thandai and lassi, along with various foods.
    • Bhang has been consumed in the Indian subcontinent for centuries, and is frequently consumed during the festivals of Holi and Mahashivratri.
    • Its widespread use caught the attention of Europeans, with Garcia da Orta, a Portuguese physician who arrived in Goa in the 16th century, noting that, “Bhang is so generally used and by such a number of people that there is no mystery about it”.

    Bhang and the law

    • Enacted in 1985, the NDPS Act is the main legislation that deals with drugs and their trafficking.
    • Various provisions of the Act punish production, manufacture, sale, possession, consumption, purchase, transport, and use of banned drugs, except for medical and scientific purposes.
    • The NDPS Act defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview. The Act lists these parts as:
    1. Charas: “The separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.”
    2. Ganja: “The flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they be known or designated.”
    3. “Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.”
    • The Act, in its definition, excludes seeds and leaves “when not accompanied by the tops”.
    • Bhang, which is made with the leaves of the plant, is not mentioned in the NDPS Act.

    Cannabis and criminal liability

    • Section 20 of the NDPS Act lays out the punishment for the production, manufacture, sale, purchase, import and inter-state export of cannabis, as defined in the Act.
    • The prescribed punishment is based on the amount of drugs seized.
    • Contravention that involves a small quantity (100 g of charas/hashish or 1 kg of ganja), will result in rigorous imprisonment for a term that may extend to one year and/or a fine which may extend to Rs 10,000.
    • For a commercial quantity (1 kg charas/ hashish or 20 kg ganja), rigorous imprisonment of not less than 10 years, which may extend to 20 years, including a fine that is not less than Rs 1,00,000 but may extend to Rs 2,00,000.
    • Where the contravention involves quantity less than commercial, but greater than small quantity, rigorous imprisonment up to 10 years is prescribed, along with a fine which may extend to Rs 1,00,000.

    Also read:

    [Burning Issue] Substance Abuse in India

     

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • PARAKH: A new regulator for ‘uniformity’ in all board exams

    The Centre is planning to draw up a benchmark framework ‘PARAKH’ to assess students at the secondary and higher secondary level to bring about “uniformity” across state and central boards.

    What is PARAKH?

    • PARAKH stands for Performance Assessment, Review and Analysis of Knowledge for Holistic Development.
    • The proposed regulator will act as a constituent unit of the NCERT.
    • It will also be tasked with holding periodic learning outcome tests like the National Achievement Survey (NAS) and State Achievement Surveys.
    • The benchmark assessment framework will seek to put an end to the emphasis on rote learning, as envisaged by the National Education Policy (NEP) 2020.
    • PARAKH, the proposed implementing agency, is also part of the NEP proposal.

    Response form States

    • Most states endorsed the proposal to hold board exams twice a year, including one for helping students improve their scores.
    • States are also on board regarding a proposal to offer two types of papers on mathematics — a standard exam, and another to test higher level competency.
    • It will help reduce the fear of maths among students and encourage learning.

    Significance of PARAKH

    • PARAKH will help tackle the problem of students of some state boards being at a disadvantage during college admissions as compared to their peers in CBSE schools.
    • It will develop and implement “technical standards for the design, conduct, analysis and reporting” of tests at all levels of school education.
    • PARAKH will eventually become the national single-window source for all assessment related information and expertise, with a mandate to support learning assessment in all forms, both nationally and where applicable, internationally.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • National Digital Health Mission

    digital healthContext

    • The covid-19 pandemic has presented a watershed moment, bringing the world’s healthcare systems to a halt, forcing us to rethink existing healthcare delivery models and embrace the digital health transformation of the sector.

    Definition of digital health care

    • Digital health is a discipline that includes digital care programs, technologies with health, healthcare, living, and society to enhance the efficiency of healthcare delivery and to make medicine more personalized and precise.

    Digital Health: A Backgrounder

    • The National Health Policy 2017 had envisaged creation of a digital health technology eco-system aiming at developing an integrated health information system.
    • A Digital Health ID was proposed to reduce the risk of preventable medical errors and significantly increase the quality of care.
    • It recognised the need to establish a specialised ecosystem, called the National Digital Health Mission (NDHM).

    digital healthThe National Digital Health Mission

    • The NDHM is a digital health ecosystem under which every Indian citizen will now have unique health IDs, digitized health records with identifiers for doctors and health facilities.
    • The mission will significantly improve the efficiency, effectiveness, and transparency of health service delivery and will be a major step towards the achievement of the UN Sustainable Development Goal 3.8 of Universal Health Coverage, including financial risk protection.

    Digital health is a discipline that includes digital care programs, technologies with health, healthcare, living, and society to enhance the efficiency of healthcare delivery and to make medicine more personalized and precise.Significance of digital health

    • Prioritizing patients: Say, mortality from Covid-19 is significantly increased by comorbidities or the presence of other underlying conditions like hypertension or diabetes.With digital health records, doctors can prioritise patients based on their test results.
    • Portability of health records: Portability of records fairly eases in a patient with the first hospital visit, or her/his most frequently visited hospital. If she/he wishes to change a healthcare provider for cost or quality reasons, she can access her health records without carrying pieces of paper prescriptions and test reports. People will able to access their lab reports, x-rays and prescriptions irrespective of where they were generated, and share them with doctors or family members — with consent.
    • Easy facilitation: This initiative will allow patients to access healthcare facilities remotely through e-pharmacies, online appointments, teleconsultation, and other health benefits. Besides, as all the medical history of the patient is recorded in the Health ID card, it will help the doctor to understand the case better, and improved medication can be offered.
    • Technology impetus in policymaking: Meanwhile, it is also not just individuals who could emerge beneficiaries of the scheme. With large swathes of data being made available, the government too can form policies based on geographical, demographical, and risk-factor based monitoring of health.

    Critical point to remember

    In the case of lung cancer, only 18.5 % of patients survive five or more years once diagnosed. These are threats that data-led technology will help address.

    Major privacy issues involved

    • Informed Consent:The citizen’s consent is vital for all access. A beneficiary’s consent is vital to ensure that information is released.
    • Data leakages issue:Personalised data collected at multiple levels are a “sitting gold mine” for insurance companies, international researchers, and pharma companies.
    • Digital divide:Other experts add that lack of access to technology, poverty, and lack of understanding of the language in a vast and diverse country like India are problems that need to be looked into.
    • Data Migration:The data migration and inter-State transfer are still faced with multiple errors and shortcomings in addition to concerns of data security.

    Other challenges

    • Existing digitalization is yet incomplete:India has been unable to standardise the coverage and quality of the existing digital cards like One Nation One Ration card, PM-JAY card, Aadhaar card, etc., for accessibility of services and entitlements.
    • Lack of healthcare facilities:The defence of data security by expressed informed consent doesn’t work in a country that is plagued by the acute shortage of healthcare professionals to inform the client fully.
    • Lack of finance:With the minuscule spending of 1.3% of the GDP on the healthcare sector, India will be unable to ensure the quality and uniform access to healthcare that it hoped to bring about.

    Conclusion

    • With an enabling ecosystem, supported by effective policies for digital healthcare and increased innovation, the promise of digital solutions in healthcare is immense. It’s not long before precision healthcare becomes central to the health and well-being of every citizen.

    Mains question

    Q. The covid-19 pandemic has presented a watershed moment, bringing the world’s healthcare systems to a halt, forcing us to rethink existing healthcare delivery models. In this context discuss challenges and opportunities of digital health ecosystem in India.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Equitable education and health care needed for better future

    Equitable health and educationContext

    • To create the foundation for the next century, we need to invest in equitable education and health care in the next 25 years not just for the elite, but for all.

    What is current status of education?

    • Expenditure on Education: The expenses on education as a percentage to GDP, India lags behind some developed/ developing nations.
    • Infrastructure deficit: Dilapidated structures, single-room schools, lack of drinking water facilities, separate toilets and other educational infrastructure is a grave problem.
    • Student-teacher ratio: Another challenge for improving the Indian education system is to improve the student teacher ratio.

    What is current status of healthcare?

    • Weak delivery: Current health infrastructure in India paints a dismal picture of the healthcare delivery system in the country.
    • Unpreparedness: Public health experts believe that India is ill-equipped to handle emergencies.
    • Technical glitches in urban areas: It is not prepared to tackle health epidemics, particularly given its urban congestion.

    A systemic approach to reforming education system in the country needs

    • Dynamic pedagogy: Academic interventions involve the adoption of grade competence framework instead of just syllabus completion.
    • Directional efforts: Effective delivery of remedial education for weaker students like after-school coaching, audio-video based education.
    • Administrative reforms: that enable and incentivize teachers to perform better through data-driven insights, training, and recognition. Example: Performance based increments in Salary.

    equitable education and healthA systemic approach to reforming healthcare system in the country needs

    • Universal health coverage: Access to healthcare in India is not equitable—the rich and the middle class would survive the COVID-19 or any other crisis but not the poor.
    • Increasing healthcare professionals in numbers: India has handled the COVID-19 pandemic exceptionally well. However, India is in dire need of more medical staff and amenities.
    • Revamping medical education: If the government wants to stay successful in fighting the COVID-19 pandemic, it needs to rapidly build medical institutions and increase the number of doctors.
    • Cross-subsidization of health-care: How the poor managed without, or even with, any government insurance scheme is a big question. They can make up for the loss by cross-subsidizing treatments of patients with premium insurance policies.

    Recent initiatives

    • PLI scheme: In view of these challenges, the government announced various policies like PLI scheme for domestic manufacturing of active pharmaceutical ingredients (APIs).
    • National Digital Health Mission: It also announced the National Digital Health Mission.

    Way forward

    • India’s healthcare system is too small for such a large population.
    • There seems to be a long battle ahead. The public healthcare system cannot be improved overnight.
    • The country needs all hands on deck during and after this crisis—both public and private sectors must work together and deliver universal health coverage for all citizens.

    Conclusion

    • Providing expanded access to high quality education and healthcare supports—particularly for those young people who today lack such access—will not only expand economic opportunity for those individuals, but will also likely do more to strengthen the overall state economy.

    Mains question

    Q. To create the foundation for the next century, we need to invest in education and health in the next 25 years not just for the elite, but for all. Critically examine

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Indian Olympic Association (IOA)

    The Supreme Court has ordered status quo on the implementation of a Delhi High Court order to hand over the affairs of the Indian Olympic Association (IOA) to a Committee of Administrators (CoA).

    Why in news?

    • The FIFA had recently gone ahead and suspended the AIFF, citing “third party interference”, leaving an air of uncertainty on the prospect of India hosting the Under-17 Women’s World Cup in October.
    • The governance of the AIFF had similarly been transferred to a CoA by the Supreme Court.

    Delhi HC case

    • The high court had passed the order on a petition seeking a direction for redrafting of the IOA constitution in accordance with the National Sports Code, 2021.

    Controversy with IOC

    • According to IOC rules, if any national body is governed by a non-elected body, it is seen as interference by a third party.
    • The moment the CoA takes charge, there is 99 per cent chance that India and our sportspersons will get suspended from all international events and Olympic Games.

    Olympics and India

    • India first participated in the Olympics in 1900 in Paris.
    • The country was represented by Norman Pritchard, an Anglo Indian who was holidaying in Paris during that time.
    • The seeds for creation of an organisation for coordinating the Olympic movement in India was related to India’s participation in the 1920 and 1924 Olympics.
    • Back then, Sir Dorabji Tata suggested the need for a Sports body at National level for promoting Olympic Sport in united India.
    • After the 1920 Games, the Committee sending the team to these Games met, and, on the advice of Sir Dorabji Tata, invited Dr. A.G. Noehren (Physical Education Director of YMCA India) to also join them.

    Establishment of Indian Olympic Association (IOA)

    • Subsequently, in 1923-24, a provisional All India Olympic Committee was set-up, which organised the All India Olympic Games in February 1924.
    • Eight athletes from these Games were selected to represent India at the 1924 Paris Summer Olympics, accompanied by manager Harry Crowe Buck.
    • This gave impetus to the development and institutionalization of sports in India, and, in 1927, the Indian Olympic Association (IOA) was formed, with Sir Dorabji Tata as its founding President and Dr. A.G. Noehren as Secretary.
    • The same year as it was formed, 1927, the Indian Olympic Association was officially recognised by the International Olympic Committee.

    Also read

    Better time for Sports in India: PM

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Medical education in India

    Context

    • The increasing population (1.32 billion ) and the occurrence of diseases, demands Indian medical education and the training approach to be modified and ensure enhancing practical clinical skills, than just sticking with predominantly theoretical or classroom training.
    • The demand for medicine to be taught in language beside English has been made repeatedly over the years, and was reiterated by union home minister recently.

    Definition

    • Medical education consists of training aimed at ensuring physicians acquire the competencies, skills and aptitudes that that allow them to practice professionally and ethically at the highest level.

    Goal of medical education

    • The goal of basic medical education is to ensure that medical students have acquired the knowledge, skills, and professional behaviors that prepare them for a spectrum of career choices, including, but not limited to, patient care, public health, clinical or basic research, leadership and management, or medical education.

    Why medical education in India needs urgent reforms

    • Current Status: Despite being home to one of the oldest medicinal systems in the world, India is still struggling to bring its medical education at par with the leaders around the world. The 541 medical colleges in the country haven’t been able to reach the standard of education that could meet the healthcare needs of the country.
    • Deficiency: The doctor-patient ratio of 1:1655 in India as against WHO norm of 1:1000 clearly shows the deficit of MBBS. While the government is working towards a solution and targeting to reach the required ratio, there is a need to relook at the overall medical education.
    • Post pandemic scenario: The lag in formal medical education has come up evidently post-pandemic when the nation saw the medical fraternity struggling to fill the doctor deficit.
    • Structural issues: It also brought forth the outdated learning methods that most of the medical institutes were using. Due to lockdown and fear of Covid-19 spread, a lot of institutes cancelled lectures and practical sessions.

    Current challenges faced by medical education in India

    • Limited government seats: The number of seats available for medical education in India is far less than the number of aspirants who leave school with the dream of becoming doctors.
    • What data speaks: Of the 1.6 million students who appeared in the National Eligibility cum Entrance Test (NEET) in 2021, only 88,120 made it into the 562 medical colleges in the country. Others had to enrol in non-medical courses in India or seek admission to foreign medical colleges. While the number of medical colleges has now increased to 596 (with 89,875 seats), the entry barrier is still high.
    • Lack of skills: Though the institutes are managing to hire professors and lecturers, there is a lack of technical skills. Finding faculties in clinical and non-clinical disciplines is difficult and there are very few faculty development programs for upskilling the existing lot.
    • Lack of infrastructure: The gap in digital learning infrastructure is currently the biggest challenge the sector is facing. There is an urgent need to adopt technology and have resources available to facilitate e-learning.
    • Lack of research and innovation: The medical research and innovation needs an added push as there haven’t been many ground-breaking research here. The education system needs to focus more on increasing the quality of research. Additionally since industry academia partnership is not available, hence innovation also takes a back-seat.

    A recent analysis estimates that India has only 4.8 fully qualified and actively serving doctors per 10,000 population.

    Government steps in tackling these challenges and issues

    • NMC bill: The National Medical Commission Bill, 2019 was passed recently by the parliament. The bill sets up the National Medical Commission (NMC) which will act as an umbrella regulatory body in the medical education system. The NMC will subsume the MCI and will regulate medical education and practice in India. Apart from this, it also provides for reforms in the medical education system.
    • MCI suggestion: The Medical Council of India (MCI) launched the globally recognized Competency-based medical education (CBME) for MBBS students in 2019. The CBME curriculum seeks to step away from a content-based syllabus and more towards one that is more practical and aligned with the country’s increasing health demands.
    • Schemes: 22 new All India Institutes of Medical Sciences (AIIMS) were developed under this initiative, and MBBS classes have already commenced at 18 of the new AIIMS.

    About NMC

    The Aim of the National Medical Commission are to (i) improve access to quality and affordable medical education, (ii) ensure availability of adequate and high quality medical professionals in all parts of the country; (iii) promote equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; (iv) encourages medical professionals to adopt latest medical research in their work and to contribute to research; (v) objectively assess medical institutions  periodically in a transparent manner; (vi) maintain a medical register for India; (vi) enforce high ethical standards in all aspects of medical services; (vii) have an effective grievance redressal mechanism.

    Steps to be taken 

    • To cater to any unprecedented demand in the future and to bring up the quality of education, the Indian medical education system undoubtedly needs major reforms.
    • While the focus needs to be put on improving the curriculum to bring competency-based education, there are several ways that can help bring reform in the current medical education system. Some of these are;
    1. Leveraging technology to offer digital learning solutions
    2. Capitalizing on e-learning and facilitating infrastructure to support it
    3. Revising curriculum to have more practical training, competency-based skill development
    4. Inculcating problem-solving approach by situational/case-based examination
    5. A broad-based faculty development program to sharpen the competency of teachers
    6. Eliminating caste-based reservation and paving way for merit-based admission
    7. Industry academia collaboration to facilitate innovation

    Way forward

    • There should be a substantial step-up in public investment in medical education.
    • By establishing new medical colleges, the government can increase student intake as well as enhance equitable access to medical education.
    • Besides, it must allocate adequate financial resources to strengthen the overall capacity of existing medical colleges to enrich student learning and improve output.

    Try this question for mains

    Q. Considering the large diaspora of medical students across the globe do you consider there are problems in Indian medical education system? If there are any ,discuss them along with current health status and steps needed to counter them .

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Drugs shortage haunts HIV-positive community

    People living with HIV are facing an acute shortage of life-saving drugs, say protesters who have been camping outside the National AIDS Control Organisation (NACO) office.

    What is NACO?

    • The NACO established in 1992 is a division of India’s Ministry of Health and Family Welfare.
    • It provides leadership to HIV/AIDS control programme in India through 35 HIV/AIDS Prevention and Control Societies.
    • It is the nodal organisation for formulation of policy and implementation of programs for prevention and control of HIV/AIDS in India.

    Functions of NACO

    • Along with drug control authorities and NACO provides joint surveillance of Blood Bank licensing, Blood Donation activities and Transfusion Transmitted infection testing and reporting.
    • NACO also undertakes HIV estimations biennially (every 2 years) in collaboration with the Indian Council of Medical Research (ICMR) – National Institute of Medical Statistics (NIMS).
    • The first round of HIV estimation in India was done in 1998, while the last round was done in 2017.

    Why in news?

    • Activists allege rationing of medicines, arbitrary change in the drug regimen and even complete deprivation of life-saving paediatric drugs.
    • They fear that treatment will be interrupted, leading to drug resistance and deaths from AIDS.

    NACO stand

    • The protesters noted that the NACO, in its public communication, had claimed that 95% of the recipients had not faced any shortage.
    • Going by the figure, 5% of 14.5 lakh, or 72,500 people, are being affected by the current shortage and stock-out.
    • The impact is severe and far-reaching.

    What drugs are protestors talking about?

    • Protestors are for a stock-out of ART (antiretroviral) drugs such as Dolutegravir 50 mg, Lopinavir/Ritonavir (adult and child doses), and Abacavir in several states.

    What is ART?

    • The medicines that treat HIV are called antiretroviral drugs.
    • There are more than two dozen of them, and they fall into seven main types.
    • Each drug fights the virus in your body in a slightly different way.
    • Research shows that a combination, or “cocktail,” of drugs is the best way to control HIV and lower the chances that the virus will become resistant to treatment.

    Back2Basics: HIV/AIDS

    • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
    • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
    • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
    • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
    • The human body can’t get rid of HIV and no effective HIV cure exists.

    Treating HIV

    • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
    • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Right to abortion won’t be restricted by a woman’s marital status

    Context

    Recently, a three-judge bench of the Supreme Court of India delivered a significant order, clarifying that the right to a medical abortion that was available to married women could not be denied to unmarried women.

    Background of the case

    • The SC’s order granting permission to undergo an abortion was passed in the case of a petitioner who was in a consensual relationship, and whose partner deserted her.
    • The Delhi High Court had denied the petitioner’s right to terminate her pregnancy.
    •  Rule 3B of the Medical Termination of Pregnancy Rules 2003, lays down the categories of women who are eligible for termination of pregnancy up to 24 weeks:
    • Survivors of sexual assault or rape or incest; minors; where there is a change of marital status during the ongoing pregnancy (widowhood and divorce); women with physical and mental disabilities, women with pregnancies in humanitarian settings; foetal “malformations” that have a substantial risk of being incompatible with life, or which, if the child is born, may cause it to suffer from a serious physical or mental handicap.
    • The High Court found that the petitioner had not undergone a “change in marital status”.
    • The SC found that prima facie, the High Court had been too restrictive in its approach, and that the term “change in marital status” should be given a purposive interpretation.

    Three key judgments

    • The Supreme Court in this casebased this finding on the 2021 Amendment to the MTP Act, which no longer restricts itself to an unwanted pregnancy between a “husband” and “wife”, but to a woman and her “partner”, by marriage or not.
    • The Court relied on three key judgements:
    • 1] The 2010 S Khushboo case, which recognised the legality of live-in relationships and pre-marital sex.
    • 2] The 2009 Suchita Srivastava case, which recognised that a woman’s right to make reproductive choices is part of the “personal liberty” guaranteed under Article 21.
    • 3] The 2017 K S Puttaswamy case, which reaffirmed that women’s right to bodily integrity is part of the fundamental right to privacy.
    • The Court observed: The statute has recognised the reproductive choice of a woman and her bodily integrity and autonomy.
    • Contrast with rights in the US: The SC’s order attains significance in contrast to the recent Dobbs decision in the US.
    • Constitutional rights are interconnected: Unravel one and the entire edifice of protections could fall apart.

    Conclusion

    The Supreme Court offers hope that right to abortion won’t be restricted by a woman’s marital status.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • When pharma companies cross red lines

    pharma companiesMarketing practices of pharma companies are under scrutiny after tax officials searched the premises of a drugmaker, and an association of medical representatives moved the Supreme Court alleging unethical marketing practices by drugmakers.

    paharma companiesThe Dolo controversy

    • Bengaluru-based pharmaceuticals company Micro Labs Ltd came under the spotlight recently over the promotion of its anti-fever drug Dolo 650, which was widely used during the covid-19 pandemic.
    • Surprisingly, this drug which contained paracetamol was widely endorsed by doctors all across the India.
    • The Supreme Court last week ordered the central government to respond to a petition filed on the issue of unethical marketing practices by drug makers.
    • The Income Tax department too has accused it of claiming unallowable expenses made on freebies meant to boost sales.

    How do drugmakers incentivize doctors?

    • While many medical professionals claim that financial incentives do not influence their practice, some say that private sector doctors are enticed by pharmaceutical companies’ marketing agents to promote their drugs.
    • Pharma companies’ sales executives visit doctors to brief them about new drugs or a new drug component.
    • They try to impress upon them to prescribe their brands and in return, doctors are offered some gifts name reminders such as pens, writing pads, books and sometimes expensive gifts and holidays.
    • Such benefits extended to doctors depend upon the kind of drug, the disease burden etc.

    pharma companiesIs this a widespread industry practice?

    • A government doctor said no pharma firm can sustain without marketing its drug.
    • It mostly happens when there is an outbreak, or if there is great demand for a particular drug or when a drug is being launched.
    • Unlike in the case of other products, the decision to buy a drug is not made by the consumer, but by the doctor.
    • This makes pharma a marketing-driven industry.

    Are hospitals incentivized too?

    • Yes; doctors at a top private hospital which treated a large number of covid-19 patients said drug giants do try to incentivize hospitals.
    • The possibilities increase when a large corporate hospital chain operating across the country buys a drug in bulk.
    • A doctor at a corporate hospital does not have any control over the drugs sold in the in-house pharmacy of the hospital.
    • Doctors running small clinics see limited patients, and they do not have pharmacies; so, the issue of incentivization does not arise.

    What does the I-T dept find wrong in this?

    • While pharma companies treat freebies as a marketing expense which is deducted while computing their taxable income, getting the beneficiary of this spending to report it as his income has been a challenge.
    • In some cases, tax officials have denied promotional expenses as a deduction.
    • Hence, the government introduced a 10% tax to be deducted at source (TDS) effective 1 July, so that doctors and social media influencers report such benefits in their tax returns and pay tax on what it is worth.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)