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  • The future of healthcare is in our genes

    Gene Therapy Products: Separate Regulations? - BioProcess InternationalBioProcess International

    Central idea 

    The article underscores the transformative potential of gene and cell therapy in addressing India’s healthcare challenges, particularly genetic disorders, cancer, and infectious diseases. It emphasizes the imperative for a paradigm shift, highlighting the need for collaborative efforts, regulatory frameworks, and increased awareness to integrate these therapies into mainstream healthcare.

    Key Highlights:

    • Genetic Disorders in India: Over 40 million individuals in India suffer from genetic disorders, emphasizing the urgent need for advanced treatments like gene therapy.
    • Haemoglobinopathies: Conditions like Thalassemia and Sickle Cell Anaemia affect millions, and gene therapy offers a potential cure by addressing the root genetic mutations.
    • Cancer Treatment: With 1.16 million new cancer cases annually, gene and cell therapy, especially CAR-T therapy, present precision medicine solutions tailored to individual genetic profiles.
    • Infectious Diseases: Gene therapy shows promise in treating infectious diseases, including potential applications against viral threats like dengue, HIV/AIDS, and others.
    • Future Vision: Gene and cell therapies anticipate a future of precise and personalized treatments, reducing economic burdens associated with chronic conditions.

    Key Challenges:

    • Infrastructure Limitations: Integrating gene and cell therapy into mainstream healthcare faces challenges related to infrastructure readiness.
    • Ethical Considerations: The ethical implications of gene therapy, including issues of consent and long-term consequences, pose challenges to widespread adoption.
    • Awareness Gap: Limited awareness among healthcare professionals and the public about gene and cell therapy hinders successful integration.

    Key Terms and Phrases:

    • Precision Medicine: Tailored medical approaches considering the unique genetic makeup of each patient.
    • Chimeric Antigen Receptor T-cell therapy (CAR-T): Modifying a patient’s immune cells to target cancer cells, exemplifying precision medicine.
    • mRNA Vaccines: Groundbreaking gene-therapy products, as seen in Covid-19 vaccines like Pfizer-BioNTech and Moderna.
    • Severe Combined Immunodeficiency (SCID): A genetic disorder potentially treatable with gene therapy to restore normal immune function.

    Key Quotes:

    • “Gene therapy is not just about managing symptoms — it is about rewriting the genetic code that underlies these conditions.”
    • “The imperative lies in investing in research and infrastructure to make these transformative therapies accessible to those who need them.”
    • “Gene and cell therapy are not just treatments; they are the future of healthcare.”

    Key Examples and References:

    • Haemoglobinopathies Impact: Thalassemia and Sickle Cell Anaemia affecting 40 million individuals in India.
    • Cancer Cases: Over 1.16 million new cancer cases annually, highlighting the demand for advanced treatments.
    • mRNA Vaccines: Pfizer-BioNTech and Moderna Covid-19 vaccines as groundbreaking gene-therapy products.

    Key Facts and Data:

    • Demographic Impact: Genetic disorders affect millions in India, necessitating advanced treatments.
    • Cancer Statistics: Over 1.16 million new cancer cases reported annually in India.
    • Economic Burden: Gene therapy’s potential to reduce long-term healthcare costs for chronic genetic conditions.

    Critical Analysis:

    • Integration Challenges: Infrastructural and ethical challenges pose hurdles to the mainstream integration of gene and cell therapy.
    • Opportunities for Collaboration: Challenges present opportunities for collaborative efforts among scientific communities, industries, policymakers, and healthcare providers.
    • Need for Awareness: Limited awareness emphasizes the importance of enhancing awareness among healthcare professionals and the public for successful integration.

    Way Forward:

    • Collaborative Efforts: Encourage collaboration between scientific communities, industries, policymakers, and healthcare providers to overcome challenges.
    • Regulatory Frameworks: Develop regulatory frameworks balancing innovation with ethical considerations to guide gene therapy integration.
    • Research and Development: Invest in research and development to advance gene and cell therapy, addressing infrastructure limitations and ethical concerns.
    • Public Awareness: Foster awareness among healthcare professionals and the public to ensure successful integration into the broader healthcare landscape.

  • Calibrating a strategy for India’s future growth

    India's economic growth may slow down to 7.3 per cent in 2019: Moody's - The Hindu BusinessLine

    Central idea

    The passage discusses India’s growth prospects amidst global challenges, emphasizing the need for a recalibrated growth strategy due to deglobalization trends. It highlights the shift from an export-led approach, focusing on domestic drivers and the importance of sustaining domestic savings and investment rates for a 7% plus real growth.

    Key Highlights:

    • Growth Projections: India’s growth for 2023-24 projected by RBI at 7%, IMF and World Bank at 6.3%. Strong performance in the first two quarters supports the likelihood of meeting the RBI’s projection.
    • Deglobalization Impact: Geopolitical conflicts and deglobalization trends pose challenges, affecting supply chains, international settlements, and global demand for exports.
    • Export-led Growth Shift: India’s export-led growth strategy faces challenges as the share of GDP from exports fluctuates, prompting a need for a recalibrated growth strategy.

    Key Challenges:

    • Dependence on Global Exports: Challenges arise from reduced global demand, disruptions in supply chains, and geopolitical conflicts impacting international settlements.
    • Domestic Savings Concerns: A decline in household sector savings poses a risk to India’s growth potential, potentially affecting resources available for government and corporate investment.

    Key Terms and Phrases:

    • Deglobalization: Movement away from global interconnectedness.
    • Incremental Capital-Output Ratio (ICOR): The amount of capital required for an additional unit of output, influencing achievable growth.
    • Periodic Labour Force Survey (PLFS): Source of data on employment trends and ratios.

    Key Quotes:

    • “Many ongoing geopolitical conflicts… have created a climate of sanctions.”
    • “India will have to rely relatively more on domestic growth drivers.”
    • “Facilitating absorption of productivity-enhancing technologies… would add to overall growth.”

    Key Examples and References:

    • Export Growth: Fluctuations in export share from 2003-04 to 2022-23 highlight the challenges of sustaining an export-led growth strategy.
    • Labour Force Trends: PLFS data indicates an increase in the worker population ratio but emphasizes the need for high non-agricultural growth to absorb released labor from agriculture.

    Key Facts and Data:

    • Nominal Saving Rate: Estimated at 29% in 2022-23, highlighting the critical role of domestic savings.
    • Nominal Investment Rate: Around 29% in 2022-23, with a need to increase to 35% for sustained growth.

    Critical Analysis:

    • Dependency on Global Conditions: The passage stresses the impact of changing global conditions on India’s growth strategy, urging a shift towards domestic drivers.
    • Savings and Investment Link: Emphasizes the importance of domestic savings in supporting a 7% plus real growth, highlighting concerns about a fall in household sector savings.

    Way Forward:

    • Enhanced Employment Strategies: Allocation of resources for training and skilling India’s growing working-age population is crucial.
    • Climate-Friendly Growth: Mitigate adverse impacts on potential growth by emphasizing service sector growth, known for being relatively climate-friendly.
    • Fiscal Responsibility: Adherence to fiscal responsibility targets is critical for sustaining growth, reducing the fiscal deficit, and managing debt-to-GDP ratios.

  • Protecting Basic Structure from judicial arbitrariness

    1973: Kesavananda Bharati case - Frontline

    Central idea 

    The article reflects on the 50th anniversary of the Kesavananda Bharati case, emphasizing the enduring significance of the “Basic Structure Doctrine” in safeguarding constitutional pillars. It acknowledges debates surrounding its constitutional validity and introduces insights from jurist Dietrich Conrad, highlighting the need for checks and balances on institutional powers.

    Key Highlights:

    • 50th Anniversary of Kesavananda Bharati Case: Marks the establishment of the “Basic Structure Doctrine” by the Supreme Court of India in 1973, consistently upheld but occasionally questioned for its open-ended nature.
    • Dietrich Conrad’s Contribution: Acknowledges the influence of Dietrich Conrad, a German jurist, whose lecture on “Implied Limitation of the Amending Power” laid the foundation for the Basic Structure doctrine in India.
    • Arun Jaitley’s Critique: Former Finance Minister Arun Jaitley’s critique highlights concerns about the doctrine potentially undermining other constitutional mandates.

    Key Challenges:

    • Constitutional Validity Doubts: Doubts raised about the constitutional validity of the Basic Structure doctrine, questioning its open-ended nature and the exclusive powers it grants to the Supreme Court.
    • Potential Undermining of Other Mandates: Criticisms, exemplified by Arun Jaitley’s statement, argue that the doctrine, while upholding judicial independence, may diminish other vital constitutional structures.

    Key Terms and Phrases:

    • Basic Structure Doctrine: Judicial principle recognizing fundamental features of the Constitution, protecting them from amendments or legislative interventions.
    • Implied Limitation of Amending Power: Concept stressing the need for limitations on powers exercised by institutions, anticipating extreme cases of conflict.

    Key Quotes:

    • “The judgment has upheld the primacy of one basic structure — independence of judiciary — but diminished five other basic structures of the Constitution.” – Arun Jaitley
    • “Any amending body… cannot by its very structure change the fundamental pillars supporting its constitutional authority.” – Dietrich Conrad
    • “The basic structure of our Constitution, like a north star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” – Chief Justice D Y Chandrachud

    Key Examples and References:

    • Emergency Period: Recognition that the Basic Structure doctrine prevented potential recasting of the Constitution during the Emergency in 1975.
    • Constitutional Pillars: Arun Jaitley’s reference to the primacy of judicial independence but potential diminishment of parliamentary democracy, elected government, etc.

    Key Facts and Data:

    • Kesavananda Bharati Case: Celebrates the 50th anniversary of the case that established the Basic Structure Doctrine.
    • Legislative Interventions during Emergency: Historical context emphasizing the need for checks and balances on parliamentary powers.

    Critical Analysis:

    • Debate on Doctrine’s Validity: Ongoing debate about the constitutional validity of the Basic Structure doctrine, particularly its potential impact on other constitutional mandates.
    • Checks and Balances Necessity: Acknowledgment of the necessity for judicial checks and balances on parliamentary powers, especially in the context of historical abuses during the Emergency.

    Way Forward:

    • Deeper Understanding of Jurisprudential Foundations: Emphasizes the importance of a fuller appreciation of the jurisprudential foundations of legal doctrines, including the Basic Structure doctrine.
    • Reducing Judicial Arbitrariness: Proposes a thoughtful examination of how judicial arbitrariness in deciding the Basic Structure can be minimized, ensuring greater legitimacy and transparency.
    • Public Demand for Transparency: Addresses the contemporary need for transparency in the functioning of democratic institutions, aligning with a changing information age and public demands.

  • The hypocrisy of Western democracy

    Understanding the Israel-Palestine conflict - Frontline

    Central idea 

    The article explores the tragic situation in Palestine, emphasizing the West’s complicity in enabling Israel’s actions. It highlights the suppression of freedom of expression, media bias, and challenges in Europe, calling for an exposé of Western democracies’ hypocrisies and a truthful reckoning to address the root causes of Palestinian oppression.

    Key Highlights:

    • Tragic Toll: The passage reveals the staggering death toll of over 17,000 Gazans since October 7, underscoring the magnitude of the ongoing tragedy.
    • West’s Enabling Role: The West is implicated in enabling Israel’s actions through support, framing the conflict, and reducing Palestine to the actions of Hamas.

    Key Challenges:

    • Freedom of Expression Suppression: Western societies, despite professing democracy, are suppressing freedom of expression, particularly in universities, where pro-Palestine advocates face public exposure.
    • Media Bias: The media, a significant influencer, is criticized for its overwhelming bias towards Israel, neglecting the historical roots and international illegality of Israeli occupation.

    Key Terms and Phrases:

    • Zionism and Apartheid: These terms highlight ideological aspects and the discriminatory nature of certain Israeli policies.
    • Genocidal Intent and Settler Colonialism: These phrases emphasize the severity of actions and the historical context of Israeli actions in Palestinian territories.

    Key Quotes:

    • “The West has shockingly enabled this [tragedy] in various ways,” pointing to the culpability of Western nations.
    • “The media has been key in framing the Palestine-Israel conflict for 75 years,” exposing the media’s role in shaping public perception.

    Key Examples and References:

    • University Actions: Instances of Harvard and Columbia exposing details of pro-Palestine students highlight the suppression faced by advocates.
    • European Countries’ Stance: The passage cites bans on pro-Palestinian protests in countries like the U.K., France, Germany, and Italy as concrete examples of European support for Israel.

    Key Facts and Data:

    • Death Toll: Over 17,000 Gazans killed since October 7, quantifying the scale of the tragedy.
    • Harvard’s Philanthropy Dependency: Highlighting that 45% of Harvard’s revenue in 2022 came from philanthropy underscores the potential influence of donors.

    Critical Analysis:

    • Suppression of Free Speech: The critical analysis underscores the severe impact of suppressing freedom of expression on informed dialogue.
    • Media’s Role: Emphasizing media bias prompts reflection on the potential manipulation of public opinion.

    Way Forward:

    • Expose Hypocrisies: Advocates for change should actively expose the hypocrisies of Western democracy, challenging the status quo.
    • Acknowledge Complicity: A call to acknowledge Western complicity in Palestinian oppression encourages introspection and accountability.
    • Listen to Dissenting Voices: Encouraging the acknowledgment of dissenting voices, including Jewish dissenters, fosters a more inclusive dialogue.
    • Truthful Reckoning: Highlighting the need for a truthful reckoning emphasizes the importance of understanding historical roots and actions for a sustainable resolution.

  • Expulsion of MP from Lok Sabha

    MP expulsion mahua moitra

    Central Idea: Expulsion of Mahua Moitra

    • A Member of Parliament from West Bengal was expelled from the Lok Sabha over allegations of a cash-for-query scandal.
    • Her expulsion highlights the importance of maintaining strict ethical standards and parliamentary etiquette in legislative proceedings.

    Parliamentary Etiquette and Rules

    • Expected Conduct of MPs: MPs must adhere to rules of parliamentary etiquette, such as not interrupting speeches, maintaining silence, and avoiding obstruction during debates.
    • Updated Rules for Modern Protests: In 1989, rules were updated to include prohibitions against shouting slogans, displaying placards, tearing documents, and using electronic devices for protest in the House.
    • Rajya Sabha’s Similar Rules: The Rajya Sabha, like the Lok Sabha, has similar rules to ensure smooth conduct of proceedings.

    Power of Suspension in Parliament

    • Presiding Officer’s Authority: The presiding officer of each House can direct an MP to withdraw from the chamber for disorderly conduct, resulting in absence for the day.
    • Naming and Suspension Process: MPs obstructing House business can be “named” by the presiding officer, leading to a possible suspension motion by the Parliamentary Affairs Minister.
    • Duration of Suspension: Suspensions can last until the end of the session.

    Legal Recourse: Approaching the Supreme Court

    • Option for Judicial Review: The expelled MP has the option to challenge the expulsion in the Supreme Court, as explained by former Lok Sabha Secretary General P D T Achary.
    • Constitutional Provisions: Article 122 of the Constitution provides immunity to parliamentary proceedings from judicial scrutiny based on procedural irregularity.
    • Scope for Judicial Review: Despite this immunity, the Supreme Court in the 2007 Raja Ram Pal case clarified that judicial review is possible in cases of substantive or gross illegality.

    The Raja Ram Pal Case (2007)

    • Case Background: Raja Ram Pal, a BSP leader, was among 12 MPs expelled in the 2005 cash-for-query scam.
    • Supreme Court’s Stance: The Court upheld the expulsion but noted that proceedings tainted by substantial illegality are open to judicial scrutiny.
    • Judicial Review of Parliamentary Actions: The Court affirmed its role in scrutinizing legislative actions that infringe on fundamental rights.

    Article 105 of the Constitution

    • Powers and Privileges of Parliament: Article 105 deals with the powers, privileges, and immunities of Parliament and its Members.
    • Judicial Scrutiny of Privilege Enforcement: The Court recognized that the enforcement of privilege by the legislature can be subject to judicial review, within certain constitutional limits.

    Grounds for Challenging Expulsion

    • Examining Privilege and Procedure: The court can scrutinize whether the privilege cited for expulsion existed and if proper procedures were followed.
    • Functioning of Committees: The roles of the Privileges Committee and Ethics Committee are distinct, focusing on investigating misconduct and ensuring dignity in the House.
    • Investigative Procedures: Proper investigative procedures, including the right to depose and cross-examine, are essential for fairness and truth-finding.

    Determining Offense and Punishment

    • Article 20 of the Constitution: This article stipulates that punishment requires an existing law defining the act as an offense.
    • Case-Specific Issues: In the case of the expelled MP, issues like sharing Parliament login-passwords and accepting money for questions are examined for rule violations.
    • Breach of Privilege and Inquiry: Accepting money for asking questions in Parliament is a breach of privilege warranting inquiry by the Privileges Committee.

    Conclusion

    • Ongoing Debate and Implications: The case continues to spark debate on the limits of parliamentary privilege, the role of the judiciary, and the ethical standards expected of elected representatives.
    • Balancing Authority and Rights: The expulsion case underscores the delicate balance between parliamentary authority and the rights of its members.
    • Importance of Judicial Oversight: The potential for judicial review emphasizes the importance of legal oversight in maintaining democratic principles and fairness in legislative processes.

  • Specie in news: Mauritian Dodo

    Mauritian Dodo

    Central Idea

    • Mauritian authorities are now working to resurrect the human-caused extinct bird ‘Dodo’.

    About Mauritian Dodo

    Details
    Scientific Name Raphus cucullatus
    Physical Characteristics Large, flightless bird; about 1 meter tall, weighing 10-18 kg; large beak, stubby wings.
    Habitat Endemic to Mauritius, an island in the Indian Ocean; lived in forests and possibly coastal areas.
    Discovery and Extinction Discovered by Dutch Colonist in late 16th century; extinct by the late 17th century, last sighting around 1662.
    Causes of Extinction Human hunting and introduced species like rats, pigs, and monkeys.
    Diet Likely fruits, nuts, seeds, bulbs, and possibly small animals.
    Behavior Exhibited no fear of humans due to lack of natural predators.
    Cultural Impact Symbol of extinct and endangered species; featured in the phrase “as dead as a dodo.”
    Representation Depicted in literature and art, notably in Lewis Carroll’s “Alice’s Adventures in Wonderland.”

    Science of De-Extinction

    • Genetic Blueprint: The first step in de-extinction is obtaining a complete and accurate genome of the species.
    • Genome Sequencing: Paleo-geneticists have successfully sequenced the dodo’s genome using DNA from a museum specimen.
    • Comparative Genomics: The dodo’s genome is being compared with that of its closest extinct and extant relatives to identify unique dodo traits.

    Process of Resurrecting

    • Editing Genetic Material: The project involves editing the primordial germ cells (PGCs) of the Nicobar pigeon, the dodo’s closest living relative, to express dodo traits.
    • Interspecies Surrogacy: These edited PGCs will be inserted into chicken embryos, with chickens acting as interspecies surrogates to potentially birth a dodo offspring.
    • Physical Resemblance: The aim is to create a bird physically indistinguishable from historical accounts of the dodo.

    Challenges and Concerns

    • Scientific Hurdles: Experts emphasize the complexity of recreating a species and the time required for selective breeding to achieve dodo-like characteristics.
    • Habitat Restoration: Mauritius’ transformed landscape poses challenges for reintroducing the dodo, necessitating the control or removal of invasive species.
    • Alternative Habitats: The project considers reintroducing dodos to more pristine, uninhabited islands like Round Island and Aigrettes.

    Motivations behind the Project

    • Ecosystem Restoration: Reintroducing the dodo could help restore mutualistic relationships in Mauritius’ ecosystem, particularly in seed dispersal.
    • Conservation Technology: The techniques developed could aid in conserving and restoring other endangered avian species.
    • Symbolic Value: The project is driven by a desire to create ‘conservation optimism’, using the dodo as a symbol of hope in the face of human-caused extinctions.

  • Advisory issued against drug ‘Meftal’

    Central Idea

    • Pharma standard body Indian Pharmacopoeia Commission (IPC) has issued a drug safety alert for commonly used painkiller mefenamic acid, popularly sold under the brand name Meftal.

    What is Meftal used for?

    • Meftal 500, a non-steroidal anti-inflammatory drug (NSAID) is usually prescribed in treatment for conditions like menstrual pain, headache, muscle, joint, or dental pain.
    • It has been advised to take the table with food.
    • The most common side effects of the medicine include mild vomiting, stomach pain, nausea, headache, and dizziness.

    What does the alert against Meftal say?

    • IPC stated that a preliminary analysis of adverse drug reactions from the Pharmacovigilance Programme of India (PvPI) database revealed drug reactions with eosinophilia and systemic symptoms (DRESS) syndrome.
    • DRESS, also known as drug induced hypersensitivity syndrome, is an adverse drug reaction that can even be life threatening.
    • It may cause damage to several organs, especially to the kidneys, heart, lungs, and pancreas.
    • The mortality rate is high and is about 10 per cent.

    Back2Basics: Indian Pharmacopoeia Commission (IPC)

    Details
    Establishment 1956,

    An autonomous body under the Ministry of Health and Family Welfare
    Primary Objective To promote public health by setting and updating standards for drug quality in India.
    Key Publication Indian Pharmacopoeia (IP), a legally recognized book of drug standards.
    Role in Drug Regulation Standards set in the IP are enforceable by law, crucial for India’s drug regulatory framework.
    International Recognition Collaborates with WHO and aligns with global drug standards.
    Pharmacovigilance Program Involved in monitoring and analyzing adverse drug reactions through the PvPI.
    Quality Control & Training Engages in drug quality control and provides training to regulatory bodies and the pharmaceutical industry.
    Publication Updates Periodically updates the IP to include new drugs and revise existing standards.
    Collaboration Works with the pharmaceutical industry, academia, and regulatory bodies.
    Global Harmonization Aims to harmonize the IP with international pharmacopoeias like the USP and BP.

  • Why Parliament passed the Advocates Amendment Bill?

    Central Idea

    • The primary aim of the recent legislative changes is to eliminate ‘touts’ from the legal system and streamline legal practice in India.
    • The Legal Practitioners Act, 1879, a colonial-era law, and the Advocates Act, 1961, have been central to the regulation of legal practitioners in India.
    • The Bill repeals the 1879 Act and amends the 1961 Act to reduce redundant laws and repeal obsolete ones.

    The Legal Practitioners Act, 1879

    • Inception and Scope: Enacted in 1880, it aimed to consolidate the law relating to legal practitioners in certain Indian provinces.
    • Definition of Legal Practitioner: The Act defined legal practitioners as advocates, vakils, or attorneys of any High Court.
    • Introduction of ‘Tout’: A significant aspect was the definition of ‘tout’, referring to individuals who procure clients for legal practitioners for remuneration.

    The Advocates Act, 1961

    • Consolidation of Legal Practice Laws: This Act was enacted to unify and amend laws relating to legal practitioners and establish Bar Councils and an All-India Bar.
    • Pre-1961 Legal Framework: Previously, legal practitioners were governed by multiple acts, including the 1879 Act.
    • Law Commission and All-India Bar Committee Recommendations: Post-independence, reforms were suggested by the Law Commission and the All-India Bar Committee, leading to the 1961 Act.

    The Advocates Amendment Bill, 2023

    • New Provisions: The Bill introduces a new section (Section 45A) in the 1961 Act, focusing on illegal practice and the regulation of touts.
    • Punishment for Illegal Practice: It prescribes imprisonment for persons illegally practicing in courts and other authorities.
    • Regulation of Touts: The Bill empowers High Courts and district judges to frame and publish lists of touts, ensuring due process before inclusion.
    • Penalties for Touts: It includes provisions for punishing individuals acting as touts with imprisonment, fines, or both.

    Rationale and Implications

    • Streamlining Legal Enactments: The Bill aims to reduce superfluous laws and repeal those that have become obsolete.
    • Government’s Policy on Obsolete Laws: In line with the government’s policy to repeal outdated pre-independence Acts, the Bill seeks to modernize legal practice regulations.
    • Consultation with Bar Council of India: The amendments were made in consultation with the Bar Council of India, reflecting a collaborative approach to legal reform.

    Conclusion

    • Addressing Legal System Complexities: The Bill addresses long-standing issues in the legal system, particularly the exploitation of legal complexities by touts.
    • Balancing Tradition and Modern Needs: By repealing outdated laws and amending existing ones, the Bill balances the need to respect legal traditions with the demands of contemporary legal practice.
    • Future Outlook: These changes are expected to enhance the integrity and efficiency of legal practice in India, contributing to a more transparent and accessible legal system.

  • Essential Services Maintenance Act (ESMA) and Its Implications

    Central Idea

    • The Odisha Government invoked its Essential Services (Maintenance) Act (ESMA) prohibiting strikes by paramedical staff, including nurses, pharmacists and technicians to ensure that medical services are not disrupted.

    About Essential Services Maintenance Act (ESMA)

    • Description: The Essential Services Maintenance Act (ESMA) is a significant piece of legislation enacted by the Parliament in 1968.
    • Constitutional Placement: It falls under list no. 33 in the 7th schedule under the concurrent list of the Indian Constitution.
    • Purpose: ESMA is primarily used by states to manage strikes by employees, especially in essential services.
    • Essential Services: The Act empowers the government to designate any economic activity or service as ‘essential’, where disruption would impact the normal life of people.

    Provisions and Powers under ESMA

    • Police Authority: The Act grants police the authority to arrest protestors without a warrant if they violate the provisions of ESMA.
    • State-Specific Provisions: Each Indian state has its unique version and provisions of the ESMA.

    Right to Strike in Context

    • Worker’s Basic Right: Striking is a fundamental means for workers to legitimately promote and defend their economic and social interests.
    • Legal Status: While the right to protest is a fundamental right under Article 19 of the Indian Constitution, the right to strike is a legal right with certain restrictions.
    • Industrial Dispute Act 1947: This act outlines the legal framework and restrictions for strikes, especially in public sectors and essential services.
    • Restrictions in Specific Sectors: Strikes are particularly restricted for public sector employees, banking, oil, metropolitan transport, and education sectors under state jurisdiction.

    International Labor Organization (ILO) and the Right to Strike

    • ILO’s Stance: The ILO’s Committee on Freedom of Association has established principles regarding the right to strike.
    • Essential Services Definition: Essential services are those whose interruption could endanger the life, safety, or health of part or all of the population.
    • Examples of Essential Services: The committee identifies sectors like hospitals, electricity, water supply, telephone services, and air traffic control as essential services.
    • Restriction on Strikes: Employees in these essential services are generally not permitted to strike.

    Problems and Criticisms of ESMA

    • Irresponsible Use: The Act has been criticized for its sometimes irresponsible and unwise implementation.
    • Suppression of Democratic Rights: ESMA is seen as monopolizing power and suppressing the democratic rights of stakeholders, particularly the right to protest or strike.
    • Government’s Overpowering Role: Critics argue that ESMA dangerously skews the balance in industrial relations towards the government in the public sector.

    Conclusion

    • Debate on ESMA’s Role: The Essential Services Maintenance Act remains a contentious topic, balancing the need for uninterrupted essential services with the rights of workers to strike.
    • Need for Responsible Implementation: Responsible and democratic application of ESMA is crucial to maintain this balance.
    • Ongoing Discussions: The Act continues to spark debate about the extent of government power and the protection of workers’ rights in essential sectors.

  • 9th Dec 23 | Prelims Daily with Previous Year Questions

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