The Supreme Court is scheduled to examine whether petitions challenging the validity of electoral bonds scheme need to be referred to a Constitution Bench.
What is a Constitution Bench?
The constitution bench is the name given to the benches of the Supreme Court of India.
The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
Constitution benches are set up when the following circumstances exist:
Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, that he deems important for public welfare.
Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
K. Gopalan v. State of Madras (Preventive detention)
Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.
What are Electoral Bonds?
Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
The citizen or corporate can then donate the same to any eligible political party of his/her choice.
An individual or party will be allowed to purchase these bonds digitally or through cheque.
About the scheme
A citizen of India or a body incorporated in India will be eligible to purchase the bond
Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).
Objective of the scheme
Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.
Who can redeem such bonds?
The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.
Restrictions that are done away
Earlier, no foreign company could donate to any political party under the Companies Act
A firm could donate a maximum of 7.5 percent of its average three-year net profit as political donations according to Section 182 of the Companies Act.
As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.
Issues with the Scheme
Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.
Way ahead
The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
The concern about the possibility of misuse of funds is very pertinent.
The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
Another feasible option is to establish a National Election Fund to which all donations could be directed.
This would take care of the imaginary fear of political reprisal of the donors.
The Information and Broadcasting Ministry clarified that the topics of national importance and social relevance embedded in the programs broadcast by private TV channels would qualify for “Public Service Broadcasting” Obligation.
What is the news?
The Ministry had earlier issued the guidelines on November 9 last year.
Following consultations with the stakeholders, it has now come up with the advisory.
Content on National Importance: Key Guidelines for TV channels
The obligations are under the “Guidelines for Uplinking and Downlinking of Television Channels in India, 2022” to telecast such contents for 30 minutes every day.
The time for which the public service broadcasting content is telecast in between commercial breaks shall not be accounted for the 12-minute limit for commercial breaks.
The time for the content shall be accounted cumulatively on monthly basis i.e. 15 hours per month.
Broadcasters have the liberty to modulate their content.
Themes of National Interest
The relevant content embedded in the programs may be accounted for public service broadcasting.
However, it should be done in a manner that the overall objective of the public service broadcasting may be achieved.
The content could include the themes of:
Education and spread of literacy
Agriculture and rural development
Health and family welfare
Science and technology
Welfare of women
Weaker sections of society
Protection of environment and cultural heritage and
National integration
Provisions for voluntary compliance
Other subjects: The above list is indicative and could be extended to include similar subjects such as water conservation, disaster management, etc.
Self-certification: The advisory seeks to achieve the objective of public service broadcasting by the private TV channels through voluntary compliance and self-certification.
Repeat telecast: As advised, the content can be shared between the broadcasters and telecast repeatedly on one or several TV channels.
Common e-platform: Such platform can also be developed as a repository of relevant videos or textual content from various sources for access and use.
Rationale behind
Social responsibility: The government has argued that since “airwaves/ frequencies are public property” they “need to be used in the best interest of the society”.
Creating awareness: The role of mass media, especially the new channels plays a vital role in reshaping public opinion.
Ensuring compliance
Once the guidelines are implemented, the Ministry will monitor the channels for the broadcast of this content. In case non-compliance is observed in the Ministry’s view, an explanation will be sought.
If a channel continues to be non-compliant, more steps can be taken based on specific advisories that will be issued from time to time, and on a case-to-case basis.
Exemptions
Sports channel: The guidelines specify exceptions where it may not be feasible, such as in the case of sports channels, etc.
Wildlife channels: The exemption may also apply to wildlife channels and foreign channels, besides live telecasts in the case of sports channels.
The Centre will soon kick off the process to set up the Sixteenth Finance Commission, with the Finance Ministry likely to notify the terms of reference.
What is the Finance Commission?
The Finance Commission (FC) was established by the President of India in 1951 under Article 280 of the Indian Constitution.
It was formed to define the financial relations between the central government of India and the individual state governments.
The Finance Commission (Miscellaneous Provisions) Act, 1951 additionally defines the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission.
As per the Constitution, the FC is appointed every five years and consists of a chairman and four other members.
Since the institution of the First FC, stark changes in the macroeconomic situation of the Indian economy have led to major changes in the FC’s recommendations over the years.
Constitutional Provisions
Several provisions to bridge the fiscal gap between the Centre and the States were already enshrined in the Constitution of India, including Article 268, which facilitates levy of duties by the Centre but equips the States to collect and retain the same.
Article 280 of the Indian Constitution defines the scope of the commission:
Who will constitute: The President will constitute a finance commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.
Qualifications: Parliament may by law determine the requisite qualifications for appointment as members of the commission and the procedure of selection.
Terms of references: The commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same among the States themselves. It is also under the ambit of the finance commission to define the financial relations between the Union and the States. They also deal with the devolution of unplanned revenue resources.
Important functions
Devolution of taxes: Distribution of net proceeds of taxes between Center and the States, to be divided as per their respective contributions to the taxes.
Grants-in-aid: Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
Augment states fund: To make recommendations to the president as to the measures needed to augment the Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the finance committee of the state.
Any financial function: Any other matter related to it by the president in the interest of sound finance.
Members of the Finance Commission
The Finance Commission (Miscellaneous Provisions) Act, 1951 was passed to give a structured format to the finance commission and to bring it to par with world standards.
It laid down rules for the qualification and disqualification of members of the commission, and for their appointment, term, eligibility and powers.
The Chairman of a finance commission is selected from people with experience of public affairs. The other four members are selected from people who:
Are, or have been, or are qualified, as judges of a high court,
Have knowledge of government finances or accounts, or
Have had experience in administration and financial expertise; or
Have special knowledge of economics
Key challenges for 16th FC
Overlap with GST council: A key new challenge for the 16th FC would be the co-existence of another permanent constitutional body, the GST Council.
Conflict of interest: The GST Council’s decisions on tax rate changes could alter the revenue calculations made by the Commission for sharing fiscal resources.
Feasibility of recommendations: Centre usually takes the Commission’s recommendations on States’ share of tax devolution and the trajectory for fiscal targets into account, and ignores most other suggestions.
Major outstanding recommendations
Creating a Fiscal Council: The 15th FC has suggested creating a Fiscal Council where Centre and States collectively work out India’s macro-fiscal management challenges, but the government has signalled there is no need for it, he pointed out.
Creating a non-lapsable fund for internal security: The centre accepted to set up a non-lapsable fund for internal security and defense ‘in principle’, its implementation still has to be worked out.
India’s January 25 notice to Islamabad seeking modification of the 1960 Indus Waters Treaty is the fallout of a longstanding dispute over two hydroelectric power projects on the western rivers the fully operational Kishenganga on the Jhelum, and Ratle on the Chenab.
The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
According to this agreement, control over the water flowing in three eastern rivers of India the Beas, the Ravi and the Sutlej was given to India.
The control over the water flowing in three western rivers of India the Indus, the Chenab and the Jhelum was given to Pakistan.
Basis of the treaty
Equitable water-sharing: Back in time, partitioning the Indus rivers system was inevitable after the Partition of India in 1947.
Empathizing the Partition: The sharing formula devised after prolonged negotiations sliced the Indus system into two halves.
Water does not recognize borders: Underlying the treaty is the principle that water does not recognise international boundaries and upper riparians have a responsibility to lower riparians.
What is the issue?
Pakistan’s objection: The Kishenganga was constructed after the Permanent Court of Arbitration in The Hague ruled in India’s favour. But Pakistan continues to object to this and the Ratle dam.
Delhi sought to modify: Delhi, reportedly, has sought to modify the treaty after Pakistan refused intergovernmental negotiations on the matter.
Stages for resolving disputes: While that is the first stage provided under the treaty for resolving disputes, the next is the request to the World Bank by the aggrieved party for the appointment of a neutral expert. A court of arbitration is constituted as the last resort.
Significance of the treaty
Testimonial to peaceful coexistence: It is a treaty that is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship. The IWT is the only agreement between India and Pakistan that has stood the test of time, through wars and terrorism.
Survived many hostilities: It has survived 3 crucial wars.
Most successful bilateral treaty: It is internationally regarded as an example of successful conflict resolution between two countries otherwise locked in a hostile relationship.
India and Pakistan’s POV
While the treaty does provide for modification from time to time, it has to do so by means of a duly ratified treaty concluded for that purpose between the two Governments.
More likely, the issue will fester and grow into another active pressure point in India-Pakistan relations.
On the Pakistani side, accusations are made with increasing frequency that India has turned off the water, and on this side, the view is growing that India was been too generous in the IWT.
Prime Minister Narendra Modi’s remark in the aftermath of the 2016 Uri attack that “blood and water cannot flow together”, even though how this threat might be implemented is not clear as it would be plain dangerous to build big dams to stop the western rivers from flowing across the LoC in a seismologically active region.
Conclusion
Using water as a weapon is never a good idea. It would be so much better for both countries to treat the IWT as an instrument for collaboration on climate action in the fragile Himalayan region.
Mains question
Q. What is Indus water treaty? Discuss the significance of IWT and highlight some of the issues.
Last year, around 1,60,000 workers in the tech industry were laid off globally. In contrast, in just this month alone some 60,000 tech workers have been laid off till now. On the back of a gloomy global economic outlook and prospects of a possible recession, tech firms across the world from US-based giants like Alphabet, Amazon and Meta to early-stage startups have engaged in large-scale retrenchments.
What is means by Lay-Off?
A layoff is the temporary or permanent termination of employment by an employer for reasons unrelated to the employee’s performance.
Employees may be laid off when companies aim to cut costs, due to a decline in demand for their products or services, seasonal closure, or during an economic downturn.
When laid off, employees lose all wages and company benefits but qualify for unemployment insurance or compensation (typically in USA).
Inflation after strong recovery of the global economy: Two factors
Outpaced demand: Buoyed by extraordinary pandemic relief support to households, aggregate demand in advanced economies outpaced supply.
Supply chain disruption as a result of Russia- Ukraine war: the armed conflict between Russia and Ukraine caused supply-chain disruptions, leading to global inflationary pressures for food and fuel. In response, the US Federal Reserve has rapidly hiked rates.
Lay-offs in India: As multinational firms seek to cut their payroll figures worldwide, this lay-off drive has made its way to India as well.
Impact on Indian workers: Indian workers, including expatriates and local employees, in both the traditional IT sector and the tech-based startup sector have been affected.
Slowdown in funding in 2022: Despite a strong start, funding in India began to slow down in 2022, with third-quarter funding falling to a two-year low.
Rising interest rates and cost of capital: Rising interest rates have meant that the cost of capital has increased and venture capitalists have to be more selective about how they deploy funds in this funding winter.
Restructuring and cost-cutting for Indian tech startups: Indian tech startups are under pressure to cut costs and restructure their businesses in search for profitability. As a result, startups, including unicorns have engaged in broad-based retrenchments.
Retrenchment conditions according to Industrial Disputes Act
One month notice with reasons is must: Employers must give a one-month notice with reasons for retrenchment to workers who have been in continuous service for at least a year.
Must provide compensation: Employers must give retrenchment compensation.
Notice shall be served: A notice in the prescribed manner must be served on the appropriate government.
Principle of last come first go shall be followed: Employers must follow the principle of last come, first go while retrenching employees.
Concerns for contract workers
Employers often skirt legal requirements by asking for voluntary resignations to remain outside the scope of retrenchment provisions.
In any case, these mandates only apply to non-managerial employees; managerial employees are governed by their employment contracts.
There are no similar protections available to gig or contract workers.
Conclusion
Even as India seeks to lead a digital and technologically-driven world, it is important to note that the tech sector is not immune to harsh macroeconomic realities. It is crucial for the government and private sector to work together to mitigate the impact of layoffs on workers and to ensure that the industry continues to grow and create opportunities for all.
Mains question
Q. Layoffs have been frequently reported in the news recently. In this context, briefly explain the term layoffs and discuss the factors contributing to them? Highlight the impact of layoffs in India.
India aspires to be a $10 trillion economy by 2035. To achieve this, conducting population Census, due in 2021 but postponed indefinitely because of Covid, is necessary. Such data is essential for planning at the village or block level to usher in economic and social development, ensure better governance, and increase the transparency of public schemes and programmes.
It is nothing but a process of collecting, compiling, analysing, evaluating, publishing and disseminating statistical data regarding the population.
It covers demographic, social and economic data and is provided as of a particular date.
What is the purpose?
To collect the information for planning and formulation policies for Central and the State Governments.
The census tells us who we are and where we are going as a nation.
It helps the government decide how to distribute funds and assistance to states and localities.
The census data is widely used by National and International Agencies, scholars, business people, industrialists, and many more.
Why conducting a Census has become a prerequisite for economic development?
Lack of complete civil registration system: Since many states (and districts) lack a complete civil registration system with a full count of birth and death data, demographers face enormous challenges in providing population counts at the district level. In several instances, estimates tend to be far off the mark, especially for newly formed districts and states.
Changing pattern of migration: migration data collected in the Census has great implications for economic activities and social harmony. As India progresses economically, the pattern of migration has been changing in unprecedented ways. The migration pattern in India in the present decade is very different from what the data in Census 2001 and 2011 suggest. Hence, in the absence of updated data, it is difficult to draw conclusions about migration in India.
Other surveys does not provide comprehensive data: The Census counts everyone across regions, classes, creeds, religions, languages, castes, marital status, differently-abled populations, occupation patterns etc. Most national-level surveys such as NFHS and NSSO do not have representative data at the population subgroup level, unlike the former. The existence of numerous faiths and languages as well as the expansion or extinction of such communities will be known only via population Census.
In the absence of it how demographers collect data?
Estimates using past census information: In the absence of updated data, demographers estimate the annual population count at the district level using past Census information for the intercensal or postcensal period. Say, to estimate the population of a district in India in the year 2015, they use the district-level population growth rate between the 2001 and 2011 Census.
Such estimates are fair for maximum of 10 years: Such demographic exercises give reasonably fair estimates when the year of population estimation is within the range of a maximum of 10 years. Beyond this period, estimations can be erroneous, particularly at the district level due to dynamic patterns of population components, among them fertility, mortality and migration.
Assumptions based model in faster demographic transition: Many districts of India are experiencing a faster demographic transition with varying fertility and mortality rates. So, using the growth rate of 2001-2011 for the period after 2021 becomes more of an assumption-based model than a model that reflects empirical reality. Covid-19 further makes the situation complex as it impacts the fertility and mortality situation in the country.
India’s population has since increased three-fold to 1.21 billion in 2011.
Experts believe the economic status of the dominant OBC castes have improved in the past 80 years and certain castes have not benefited as much.
So, the new caste census is required to measure the economic and social well-being of all castes.
History and a Way ahead
India has a long history of conducting Census without interruption from 1881 with the rare exception of Assam in 1981 and Jammu Kashmir in 1991 due to socio-political unrest and secessionist movements.
Conducting it regular at the national and sub-national levels has been a matter of pride for India.
It has to be continued until India achieves a fool-proof civil registration system and a dynamic National Population Register.
Conclusion
Conducting the population Census is a mammoth task, of course. Full involvement of the government system is necessary to organise it. But the it is necessary since it forms the basis of all the plans and programmes that the government wants to implement. Postponing the it has immediate and long-term negative consequences for India. The government and other stakeholders should take urgent steps to conduct the Census as early as possible.
Mains question
Q. What is census? Why conducting a Census has become a prerequisite for economic development and also discuss the impact of delayed census.
In May 2016, the then Department of Industrial Policy and Promotion (now known as the Department for Promotion of Industry and Internal Trade) under the Ministry of Commerce released the 32-page National IPR Policy. The overall purpose of this document was to spell out the government’s comprehensive vision for the IPR ecosystem in the country towards shaping a more innovative and creative Bharat.
A patent is an exclusive set of rights granted for an invention, which may be a product or process that provides a new way of doing something or offers a new technical solution to a problem.
IPR refers to the legal rights that protect an individual’s or company’s creations and inventions (such as inventions, literature, music, and symbols) from being used or copied by others without permission.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.
By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Three important objectives of National IPR policy document
Strong and effective IPR laws: Under the head Legal and Legislative Framework, the goal was to have strong and effective IPR laws, which balance the interests of right owners with larger public interest.
Modernise and strengthen IPR administration: Under Administration and Management, the objective was to modernise and strengthen service-oriented IPR administration; and
Strengthening adjudicatory mechanism: Under Enforcement and Adjudication, the focus was to strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
Changes in IPR ecosystem so far
Structural and legislative changes: Over the last six years, the IPR ecosystem in this country has witnessed both structural and legislative changes.
Intellectual Property Appellate Board (IPAB): IPAB was dissolved in April 2021 as part of tribunal reforms, and its jurisdiction was re-transferred to high courts.
Dedicated IP Division: This was followed by the establishment of dedicated IP benches the IP Division by the Delhi High Court, arguably the country’s leading court on the IPR front, for speedier disposal of IPR disputes.
IP friendly environment: Such measures, one presumes, are intended to convey to investors and innovators that Bharat is an IP-savvy and even IP-friendly jurisdiction without compromising on national interest and public health commitments.
For instance: This is evident from the very same National IPR Policy which, among other things, expressly recognises the contribution of the Indian pharmaceutical sector in enabling access to affordable medicines globally and its transformation to being the pharmacy of the world.
What are the concerns?
Patent-friendliness, rather patentee-friendliness: It appears that the patent establishment of the country has drawn a very different message it has gone on an overdrive to prove its patent-friendliness, rather patentee-friendliness, in the pharmaceutical sector at the expense of public health and national interest respectively.
Evergreening of patents on critical drugs: Evergreening patents on drugs which relate to treatment of diabetes, cancers, cardiovascular diseases and other serious conditions continue to be granted to pharmaceutical innovator companies by the Indian Patent Office.
Enforcements at the expense of statutory rights: Worse, they are regularly enforced through courts at the expense of the statutory rights of generic manufacturers and to the detriment of patients.
Unavailability of affordable drugs: The delayed entry of generic versions of off-patent drugs affects adversely the availability of affordable medicines to patients in a lower middle-income country such as Bharat where most middle-class families and below are only a hospital-visit away from dipping into their hard-earned savings.
Way ahead
It must be understood that IP legislations such as the Patents Act do not exist for the sole benefit of IP right owners.
Patent bargain is in which the society is expected to benefit from dynamic innovation-based competition between market players.
Clearly, there are four stakeholders under the Patents Act the society, government, patentees and their competitors.
Each of these stakeholders has rights under the statute which makes all of them right owners.
To interpret, apply and enforce the Act to the exclusive benefit of patentees, and that too evergreening patentees, is to abridge and reduce to a naught the legitimate rights of other stakeholders, leading to sub-optimal and worse, anti-competitive market outcomes.
Conclusion
It is one thing to operate under the understandable belief that Bharat needs to add layers to its IPR ecosystem to attract investment. However, it is entirely another to equate IPR-sensitivity with a pro-patentee position at the expense of public health obligations and long-term national interest. Make in India must be reconciled with Atmanirbhar Bharat, and in the event of conflict between the two, the latter must prevail for Bharat to retain its position as the pharmacy of the world.
Mains question
Q. What is Intellectual property rights? Discuss the changes taken place in India’s IPR ecosystem so far and highlight the concerns.
The National Green Tribunal has pointed out a huge lack of compliance of biomedical waste management rules across the country.
The tribunal has asked for the implementation of the framework, which emphasizes on strict adherence to the norms related to the maintenance, storage, and movement of Biomedical Waste Treatment.
What is Biomedical Waste?
Biomedical waste/hospital waste is any kind of waste containing infectious materials. It may also include waste associated with the generation of biomedical waste that visually appears to be of medical.
Hospital waste: It refers to all waste, biological or non‐ biological that is discarded and not intended for further use.
Bio-medical waste: It means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological and including categories mentioned in Schedule I, of the BMW rules, 2016.
Biomedical waste consists of-
Human anatomical waste like tissues, organs and body parts
Animal wastes generated during research from veterinary hospitals
Microbiology and biotechnology wastes
Waste sharps like hypodermic needles, syringes, scalpels and broken glass
Discarded medicines and cytotoxic drugs
Soiled waste such as dressing, bandages, plaster casts, material contaminated with blood, tubes and catheters
Liquid waste from any of the infected areas
Incineration ash and other chemical wastes
How is biomedical waste treated in India?
Autoclaving: The process of autoclaving involves steam sterilization. Instead of incineration, which can be expensive, autoclaving simply introduces very hot steam for a determined amount of time.
Incineration: The major benefits of incineration are that it is quick, easy, and simple. It effectively removes the waste entirely and safely removes any microorganisms.
Chemicals disinfection: When it comes to liquid waste, a common biomedical waste disposal method can be chemical disinfection. Chlorine is a regular choice for this process, and is introduced to the liquid waste in order to kill microorganisms and pathogens.
Microwaving: Microwave technology can also disinfect wastes. Wastes are first placed into a shredder. This wastes are mixed with water and internally heated that neutralizes present biologicals.
Irradiation: This method involves waste sterilization by exposing waste to cobalt sources. Cobalt emits gamma rays that kill all the microbes in wastes.
Shredding: It is a process by which waste are deshaped or cut into smaller pieces so as to make the wastes unrecognizable. It helps in prevention of reuse of bio-medical waste and also acts as identifier that the wastes have been disinfected and are safe to dispose-off.
Who deals with biomedical wastes in India?
Central Pollution Control Board: The CPCB has been following up with all SPCBs/PCCs to ensure effective management of biomedical waste in States/UTs.
National Green Tribunal (NGT): The NGT has been stringent on the application of the BMW 2016.
Common Bio-Medical Waste Treatment and Disposal Facilities (CBWTDF): There are now over 200 licensed CBWTDF or Common Treatment Facility (CTF) in India.
Salient Features of Biomedical Waste Rules, 2016
Compulsory pre-treatment: The method of sterilization/disinfection should be in accordance with National AIDS Control Organization (NACO) or WHO.
Phasing out plastic use: The use of chlorinated plastic bags, gloves, blood bags, etc. should be gradually stopped and this phasing out should be within 2 years from the date of notification of these rules
Safe disposal of Liquid waste: They need to be separated at source by pre-treatment before mixing with other liquid waste
Incineration guidelines: The existing incinerator should be upgraded/modified to achieve the new standard within 2 years from the date of this notification
Color coding of Biomedical wastes in India
As per Bio-medical Waste Management Rules, 2016, Bio-medical waste is required to be segregated in following color coded waste categories-
Red Bag: Syringes (without needles), soiled gloves, catheters, IV tubes etc. should be all disposed of in a red coloured bag, which will later be incinerated.
Yellow Bag: All dressings, bandages and cotton swabs with body fluids, blood bags, human anatomical waste, body parts are to be discarded in yellow bags.
Cardboard box with blue marking: Glass vials, ampules, other glass ware is to be discarded in a cardboard box with a blue marking/sticker.
White Puncture Proof Container (PPC): Needles, sharps, blades are disposed of in a white translucent puncture proof container.
Black Bags: These are to be used for non-bio-medical waste. In a hospital setup, this includes stationary, vegetable and fruit peels, leftovers, packaging including that from medicines, disposable caps, disposable masks, disposable shoe-covers, disposable tea cups, cartons, sweeping dust, kitchen waste etc.
International Agreement and Conventions
There are three international agreements and conventions which are particularly pertinent in BMWM. These are-
Basel Convention on Hazardous Waste: It is the most inclusive global environmental treaty on hazardous and other wastes. It has 170 member countries, and its objectives are to protect human health and the environment against the adverse effects resulting from the generation, management, and disposal of hazardous wastes, specifically clinical wastes from health care in hospitals, health centers, and clinics.
Stockholm Convention on POPs: It is a global treaty to protect human health and the environment from POPs (POPs – dioxins and furans). POPs are toxic chemicals that accumulate in the fatty tissue of living organisms and cause damage. These chemicals are formed by medical waste incinerators and other combustion processes. It deals with BEP including source reduction, segregation, resource recovery and recycling, training, and proper collection and transport.
Minamata Convention on Mercury: It is a global treaty to protect human health and the environment from the adverse effects of mercury. On October 10, 2014, in Japan, more than 90 nations signed the first new global convention on environment and health. This treaty includes the phasing out of certain medical equipment in health-care services, including mercury-containing medical items such as thermometers and blood pressure device.
Environmental impacts ofBiomedical Wastes
Improper management of health care waste can have both direct and indirect health consequences for health personnel, community members and on the environment.
Toxin emissions: The most serious effect that biomedical waste has on our seas is the discharge of poisons into the waters that could then be consumed by ocean life creatures.
Food chain contamination: Toxins would interject into the food chain and eventually reach humans who consume sea creatures.
Plastic pollution: 85% of disposable plastic materials make up all medical equipment.
Groundwater Contamination: Deep burials of biomedical wastes may result in groundwater contamination.
CASE STUDY Syringe tide disaster: The syringe tide environmental disaster of 1987–1988 raised awareness about medical waste as medical syringes washed ashore in New Jersey and New York.
Broader concerns with biomedical wastes
Pollution and health hazards are the two important impacts of medical wastes.
Land Pollution: If not treated and dumped into landfills then there is a high chance for heavy metals like cadmium, lead, mercury, etc. get released. Further, there is a chance these metals get absorbed by plants and can then enter the food chain also.
Air Pollution: Pathogens present in the waste can enter and remain in the air for a long period in the form of spores or pathogens. As Covid-19 spread through the air, improper treating/not treating it might lead to a new wave of respiratory syndromes.
Radioactive pollution: Hospitals are increasingly using radioactive isotopes for diagnostic and therapeutic applications. The main radioisotopes used in hospitals are technetium-99m (Tc-99m), Iodine-131(I-131), etc. These have carcinogenic properties.
Health hazards due to biomedical waste
Epidemic: According to the WHO study, improper waste management is one of the major causes of an increase in infectious diseases globally. This is why the Covid-19 pandemic wastes require proper treatment.
Operational health hazards: Improper handling of biomedical waste might lead to Injuries from sharps and exposure to harmful radioactive wastes. This will create issues for nurses, emergency medical personnel, and sanitary workers.
Increase antimicrobial resistance (AMR): Biomedical wastes aggravate the problem of AMR. Ever since the pandemic, the use of biocides (sanitizers, disinfectants, and antibiotics) increased manifold. If there is no proper treatment of biocides then the AMR will increase rapidly.
Challenges in India
Increase in waste: In a highly populous country like India, there is a rise in residential biomedical waste and its collection without adhering to safety protocols could also trigger a surge in caseload.
Poor Compliance of BMW rules: States are not following the CPCB guidelines.
Non-segregation: In some states, improper segregation of waste has been reported.
Improper disposal: The non-segregation of waste results in the incineration of contaminated plastics producing toxic gases and adding to air pollution.
Lack of infrastructure: Currently, in India, there are only 198 CBMWTF in operation and 28 are under construction. .
No alternative to incineration: During incineration and post-combustion cooling, waste components dissociate and recombine forming new particles.
Why addressing this is important?
Preventing another pandemic: The COVID pandemic was the outcome of virus leak from Wuhan.
Uncontrolled outcomes: This has presented a challenge in terms of the capacity to scientifically dispose of generated waste and a challenge for civic authorities in charge of its collection and disposal.
Hazard to healthcare personnel: Without proper scientific management of such waste, it can potentially affect patients and can affect the concerned workers and professionals.
Way forward
Multi-stakeholder involvement: Proper management of Bio medical waste is a concern that has been recognized by both government agencies and the NGOs.
Stringent regulatory push: In order to accelerate the rate at which proper processing and management methods are designed, timely regulatory and legislative policies and procedures are needed.
Raising awareness: An effective communication strategy is imperative keeping in view the low awareness level among different categories of staff in the healthcare establishments regarding biomedical waste management.
Infrastructure push: The centre and states in liaison should set up recycling plants across the country as envisaged under the Smart cities project.
Proper collection: To properly separate, process and isolation of wastes, they must be well-characterized, which is challenging.
Safe disposal: Several hazards and toxic materials containing should be disposed-off with proper take and care.
Conclusion
Safe and effective management of biomedical waste is not only a lawful obligation but also a civil duty.
The current BMWM 2016 rules are an improvement over earlier rules in terms of improved segregation, transportation, and disposal methods, to decrease environmental pollution and ensure the safety of the staff, patients, and public.
Bill Gates has invested in a climate technology start-up that aims to curtail the methane emissions of cow burps.
What is the news?
The startup Rumin8 is developing a variety of dietary supplements to feed to cows in a bid to reduce the amount of methane they emit into the atmosphere.
The supplement includes red seaweed, which is believed to drastically cut methane output in cows.
What is Methane?
Methane is a greenhouse gas, which is also a component of natural gas.
There are various sources of methane including human and natural sources.
The anthropogenic sources are responsible for 60 per cent of global methane emissions.
It includes landfills, oil and natural gas systems, agricultural activities, coal mining, wastewater treatment, and certain industrial processes.
The oil and gas sectors are among the largest contributors to human sources of methane.
These emissions come primarily from the burning of fossil fuels, decomposition in landfills and the agriculture sector.
How do cows and other animals produce methane?
Ruminant animals such as cows, sheep, goats, and buffaloes release this methane mainly through burping.
They have a special type of digestive system that allows them to break down and digest food that non-ruminant species would be unable to digest.
Stomachs of ruminant animals have four compartments, one of which, the rumen, helps them to store partially digested food and let it ferment.
This partially digested and fermented food is regurgitated by the animals who chew through it again and finish the digestive process.
However, as grass and other vegetation ferments in the rumen, it generates methane, a potent greenhouse gas.
How much do these ruminants contribute to emissions?
Given the very large numbers of cattle and sheep on farms in dairy-producing countries, these emissions add up to a significant volume.
It is estimated that the ruminant digestive system is responsible for 27 per cent of all methane emissions from human activity.
Why is methane such a big problem?
Methane is one of the main drivers of climate change, responsible for 30 per cent of the warming since preindustrial times, second only to carbon dioxide.
Over a 20-year period, methane is 80 times more potent at warming than carbon dioxide, according to a report by the UNEP.
It’s also the primary contributor to the formation of ground-level ozone, a colourless and highly irritating gas that forms just above the Earth’s surface.
According to a 2022 report, exposure to ground-level ozone could be contributing to 1 million premature deaths every year.
Several studies have shown that in recent years, the amount of methane in the atmosphere has dramatically shot up.
Mitigating methane emissions
Scientists have been working on to make these animals more sustainable and less gassy.
A 2021 study, published in the journal PLUS ONE, found that adding seaweed to cow feed can reduce methane formation in their guts by more than 80 per cent.
Apart from this, researchers are also trying to find gene-modifying techniques to curtail methane emissions in these animals.
Last year, scientists in New Zealand announced they had started the world’s first genetic programme to address the challenge of climate change by breeding sheep that emit lower amounts of methane.
Global collaboration against methane pollution
Ans. Global Methane Initiative (GMI)
GMI is a voluntary Government and an informal international partnership having members from 45 countries including the United States and Canada.
India last year co-chaired along with Canada the GMI leadership meet held virtually.
The forum has been created to achieve global reduction in anthropogenic methane emission through partnership among developed and developing countries having economies in transition.
The forum was created in 2004 and India is one of the members since its inception and has taken up Vice-Chairmanship for the first time in the Steering Leadership along with USA.
Back2Basics: CO2 Equivalents
Each greenhouse gas (GHG) has a different global warming potential (GWP) and persists for a different length of time in the atmosphere.
The three main greenhouse gases (along with water vapour) and their 100-year global warming potential (GWP) compared to carbon dioxide are:
1 x – carbon dioxide (CO2)
25 x – methane (CH4) – I.e. Releasing 1 kg of CH4into the atmosphere is about equivalent to releasing 25 kg of CO2
298 x – nitrous oxide (N2O)
Water vapour is not considered to be a cause of man-made global warming because it does not persist in the atmosphere for more than a few days.
There are other greenhouse gases which have far greater global warming potential (GWP) but are much less prevalent. These are sulphur hexafluoride (SF6), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs).
There are a wide variety of uses for SF6, HFCs, and PFCs but they have been most commonly used as refrigerants and for fire suppression.
Many of these compounds also have a depleting effect on ozone in the upper atmosphere.
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