Note4Students
From UPSC perspective, the following things are important :
Prelims level: Recusal of Judges
Mains level: Judical transparency issues
In the last week, two Supreme Court judges have recused themselves from hearing cases relating to West Bengal.
Can you list down some basic principles of judicial conduct?
Independence, Impartiality, Integrity, Propriety, Competence and diligence and Equality are some of them as listed under the Bangalore Principles of Judicial Conduct.
What is the Recusal of Judges?
- Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
- Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
- For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
- Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
- A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Rules on Recusals
- There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
- The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order.
- The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.
Issues with recusal
- Recusal is also regarded as the abdication of duty. Maintaining institutional civilities are distinct from the fiercely independent role of the judge as an adjudicator.
- In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
- It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cryptocurrencies
Mains level: Issues with Cryptocurrencies
China’s crackdown against cryptocurrencies, which are those that aren’t sanctioned by a centralized authority and are secured by cryptography, is said to have a lot to do with the crashing of the value of cryptocurrencies.
Background
- The price of the world’s most prominent cryptocurrency Bitcoin has more than halved in the last two months after hitting a peak in mid-April.
- The second-most valuable cryptocurrency, Ether, has seen a similar fall from its peak last month.
What is Cryptocurrency?
- A cryptocurrency is a form of digital asset based on a network that is distributed across a large number of computers.
- This decentralized structure allows them to exist outside the control of governments and central authorities.
- The word “cryptocurrency” is derived from the encryption techniques which are used to secure the network.
- Blockchains, which are organizational methods for ensuring the integrity of transactional data, are an essential component of many cryptocurrencies.
- Many experts believe that blockchain and related technology will disrupt many industries, including finance and law.
- Cryptocurrencies face criticism for a number of reasons, including their use for illegal activities, exchange rate volatility, and vulnerabilities of the infrastructure underlying them. However, they also have been praised for their portability, divisibility, inflation resistance, and transparency.
What has China done?
- In recent weeks, China has reportedly cracked down on crypto mining operations.
- The country has over the years accounted for a large percentage of the total crypto mining activity that takes place.
- In purpose, Bitcoin miners play a similar role to gold miners — they bring new Bitcoins into circulation.
- They get these as a reward for validating transactions, which require the successful computation of a mathematical puzzle.
- And these computations have become ever-increasingly complex, and therefore energy-intensive in recent years. Huge mining operations are now inevitable if one is to mine Bitcoins.
Why is Crypto mining booming in China?
- Access to cheap electricity has made mining lucrative in China.
- According to the Cambridge Bitcoin Electricity Consumption Index, China accounted for nearly two-thirds of the total computational power last year.
For an ‘unregulated’ market
- Actually, there is little change in the policy as far as China is concerned. It first imposed restrictions on cryptocurrencies way back in 2013.
- It then barred financial institutions from handling Bitcoin.
- Four years later, it barred what are called initial coin offerings, under which firms raise money by selling their own new cryptocurrencies.
- This is largely an unregulated market.
What does China want?
- An inter-ministerial committee report in India two years ago noted that in 2017, the government of China also banned trading between RMB (China’s currency renminbi) and cryptocurrencies.
- Before the ban, RMB made up 90% of Bitcoin trades worldwide.
- The fact that cryptocurrencies bypass official institutions has been a reason for unease in many governments.
- Not just that. The anonymity that it offers aids in the flourishing of dark trades online.
- While many countries have opted to regulate the world of cryptocurrencies, China has taken the strictest of measures over the years.
- According to observers, the latest set of measures are to strengthen its monetary hold and also project its new official digital currency.
For a digital Yuan
- China launched tests for a digital yuan in March.
- Its aim is to allow Beijing to conduct transactions in its own currency around the world, reducing dependency on the dollar which remains dominant internationally.
Also read:
Legalizing Bitcoin in El Salvador and takeaways for India
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Chicago Convention of 1944
Mains level: NA
A private commercial flight was forced to make an emergency landing in Minsk by a MiG-29 fighter jet of Belarus. The incident received considerable global attention.
How justified was Belarus in taking such a decision?
- The answer lies at the junction of Belarus’s domestic laws as a sovereign country and international laws governing the action that states can legitimately take to deal with threats to security, real or perceived.
- The issue of the use of military aircraft to neutralize potential threats posed by civilian aircraft acquired a different kind of urgency in the aftermath of terrorist attacks in the US on September 11, 2001.
- Generally speaking, international law grants sovereignty to nations over their airspace as it does in territorial waters.
The Chicago Convention of 1944
- The Convention on International Civil Aviation, better known as the Chicago Convention of 1944, to which Belarus is a signatory state, prohibits any unlawful intervention against a civilian aircraft.
- At the same time, it has various provisions under Article 9 which permit a sovereign state the right to impose restrictions.
- This includes enforced landings at a designated airport in its territory, in “exceptional circumstances or during a period of emergency, or in the interest of public safety”.
- Once a flight has landed, Article 16 provides the host country the right to board/search the aircraft.
- This is probably the clause that provided cover for the local authorities to board Mr. Morales’s aircraft in Austria in 2013.
- But the Chicago Convention applies only to civilian aircraft of the contracting parties.
Other such laws
- International law might also have to be examined in light of the International Air Services Transit Agreement (IASTA), also concluded in Chicago in 1944.
- According to this agreement, contracting states grant to one another the freedom of air transit in respect of scheduled international air services, that is, the privilege to fly across territories without landing.
- Belarus is not a signatory of IASTA.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: First-ever genetically modified rubber planted in Assam
Mains level: Hazards of using GMO crops
A Rubber Board research farm on the outskirts of Guwahati now sports the world’s first genetically modified (GM) rubber plant tailored for the climatic conditions in the Northeast.
GM rubber
- The GM rubber has additional copies of the gene MnSOD, or manganese-containing superoxide dismutase, inserted in the plant.
- The plant was developed at the Kerala-based Rubber Research Institute of India (RRII).
- It is expected to tide over the severe cold conditions during winter — a major factor affecting the growth of young rubber plants in the region.
Why need GM rubber?
- Natural rubber is a native of warm humid Amazon forests and is not naturally suited for the colder conditions in the Northeast, which is one of the largest producers of rubber in India.
- Growth of young rubber plants remains suspended during the winter months, which are also characterized by progressive drying of the soil.
- This is the reason for the long immaturity period of this crop in the region.
What does MnSOD gene offer?
- The MnSOD gene has the ability to protect plants from the adverse effects of severe environmental stresses such as cold and drought.
- Laboratory studies conducted at the RRII showed the GM rubber plants overexpressed the MnSOD gene as expected, offering protection to the cells.
- The plant is thus expected to establish well and grow fast in the region.
- There was no risk of genes flowing from the GM rubber into any other native species, a concern often raised by environmental groups against GM plants in general.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pygmy Hogs
Mains level: NA
Few captive-bred pygmy hogs, the world’s rarest and smallest wild pigs, were released in the Manas National Park of western Assam under the Pygmy Hog Conservation Programme (PHCP).
Pygmy Hogs
- The pygmy hog (Porcula salvania) is a native to alluvial grasslands in the foothills of the Himalayas at elevations of up to 300 m (980 ft).
- Today, the only known population lives in Assam, India and possibly southern Bhutan.
- As the population is estimated at less than 250 mature individuals, it is listed as Endangered on the IUCN Red List.
- It is designated as a Schedule I species in India under the Wildlife Protection Act, 1972, and offences against them invite heavy penalties.
About Pygmy Hog Conservation Programme (PHCP)
- The PHCP is a collaboration among Durrell Wildlife Conservation Trust of UK, Assam Forest Department, Wild Pig Specialist Group of IUCN and Union Environment Ministry.
- It is currently being implemented by NGOs Aaranyak and EcoSystems India.
- Six hogs — two males and four females — were captured from the Bansbari range of the Manas National Park in 1996 for starting the breeding programme.
- The reintroduction programme began in 2008 with the Sonai-Rupai Wildlife Sanctuary (35 hogs), Orang National Park (59) and Barnadi Wildlife Sanctuary (22).
Now answer this PYQ in the comment box:
Q.Consider the following :
- Star tortoise
- Monitor lizard
- Pygmy hog
- Spider monkey
Which of the above found in India?
(a) 1, 2 and 3 only
(b) 2 and 3 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Regulation of e-commerce sector
The article highlights the risk of stifling the e-commerce sector due to the government’s propensity for its regulation to protect the local traders.
Efforts to shield local retailers
- India began to open up its economy three decades ago, but efforts to shield local retailers resulted in a retail sector fraught with a thicket of rules.
- With the web’s reach expanding rapidly, online retail is expected to grab a fast-widening slice of a pie placed at above $880 billion last year and projected at $1.3 trillion in 2024.
- Such a huge opportunity has set the stage for a grand e-com confrontation, with our two biggest business houses gearing up to take on a duopoly of US-based Amazon and Walmart-owned Flipkart.
- The more fiercely e-com is contested, the tighter this sector’s straps seem to get.
What are the new regulations?
- The Centre put out proposals to tighten e-com regulations for consumer protection.
- E-com firms must appoint resident officers to address grievances and monitor rule-compliance, and then be ready to share information sought by authorities within 72 hours.
- For the sake of “free and fair competition”, they must label all wares on their websites by country-of-origin, offer local alternatives, keep search results unbiased, not sell anything to anyone registered as a ‘seller’ with them, not conduct deep-discount flash sales of cherry-picked products.
- Restriction on aiding associated enterprises with any helpful data gleaned by their algorithms.
- As another measure to assure small enterprises an even field, they must also ensure that their logistical systems support all sellers in the same category equally.
- As it happens, this attempt to straitjacket e-com platforms coincides with an antitrust probe of ‘unfair practices’ ascribed to Amazon and Flipkart.
Issues with regulations
- Some of these sound too vague and subjective to adopt.
- Even if clear criteria are specified for their adoption and they actually serve to curtail brand favouritism, they would leave e-com majors with too little autonomy to devise strategies of service differentiation for a competitive edge.
- The perception of e-com majors being bullies, however, does not seem very widely shared among their customers, few of whom complain of either insufficient rivalry or choice deprivation online.
Conclusion
What e-com users are now at risk of suffering, though, is a hobbled industry. If all e-com websites are forced into a statist mould meant for generic market platforms, these companies could lose their ability to set themselves apart, outperform rivals and serve the market’s ultimate cause.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Jammu and Kashmir after reorganization
The Union government’s invitation to 14 key political leaders from Jammu and Kashmir for a meeting with the PM has led to speculation about the possible scheduling of the Assembly elections. However, the delimitation of constituencies is crucial for kick-starting any political process in J&K.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in change in the number of seats in a state.
Do not forget to answer this PYQ in the comment box:
Q.With reference to the Delimitation Commission, consider the following statements:
- The orders of the Delimitation Commission cannot be challenged in a Court of Law.
- When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
How often has delimitation been carried out in J&K?
- Delimitation exercises in J&K in the past have been slightly different from those in the rest of the country because of the region’s special status — which was scrapped by the Centre in August 2019.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- The last exercise was conducted by the Justice (retired) K K Gupta Commission when the state was under President’s Rule and was based on the 1981 census, which formed the basis of the state elections in 1996.
- There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 census as the J&K Assembly passed a law putting a freeze until 2026.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
What is the status of this 2020 Delimitation?
- Although the Commission was tasked to finish delimitation in a year, on March 4 this year, it was granted a year’s extension.
- This was done at the request of the panel members since it couldn’t make much progress due to the Covid-19-induced shutdown across the country.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issues with UAPA 1967
Recent judgements involving UAPA highlights the issues with certain provisions resulting in long years of undertrial imprisonment.
Context
In the past week, three seminal judgments involving the Unlawful Activities (Prevention) Act, 1967 (UAPA) have been delivered. While these judgments are welcome developments, they also remind us that thousands continue to languish under the UAPA regime.
Issues with the provisions of UAPA
- Originally enacted in 1967, the UAPA was amended to be modelled as an anti-terror law in 2004 and 2008.
- The period of detention is increased, enlarging the period of custody prior to which default bail cannot be granted.
- Regular bail is subject to the satisfaction of the judge that no prima facie case exists.
- Bail apart, the dilatory trial procedures ensure lengthy periods of pre-trial incarceration for the accused who are presumed guilty of heinous terror crimes.
NCRB data reveal long years of undertrial imprisonment
- As per the National Crime Records Bureau (NCRB) data, a total of 4,231 FIRs were filed under various sections of the UAPA between 2016 and 2019.
- While the number of acquittals is low, the real picture emerges in the pendency rates.
- The pendency rate at the level of police investigation is very high, at an average of 83 per cent.
- This denotes that chargesheets are filed by the police on an average in about 17 per cent of the total cases taken up for investigation.
- The rate of pendency at the level of trial is at an average of 95.5 per cent.
- This indicates that trials are completed every year in less than 5 per cent cases.
What did the courts say in various judgements?
- The Supreme Court, in Union of India v K A Najeeb, held that despite restrictions on bail under the UAPA, constitutional courts can still grant bail on the grounds that the fundamental rights of the accused have been violated.
- In Asif Iqbal Tanha v State of NCT of Delhi, the Delhi High Court took this reasoning a step further, holding that it would not be desirable for courts to wait till the accused’s rights to a speedy trial are entirely vitiated before they are set at liberty.
- Courts should exercise foresight, and in cases with hundreds of prosecution witnesses where a trial will not see a conclusion for years to come, courts should apply the principles laid down in Najeeb.
Way forward
- Even within the constraints of the UAPA, much can be achieved if a responsive and independent judiciary follows the basic principles of natural justice and due process.
- But access to the judiciary remains limited for most of the thousands incarcerated under this widely-used law.
Conclusion
The governments need to consider the issue of pendency of cases under UAPA and take steps to address the issues by either repealing certain provisions or ensuring speedy trials.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GMO, BT
Mains level: Hazards of using GMO crops
Amid the perpetual debate surrounding BT cotton’s positive and negative impacts, a recent study has said its adoption in Punjab in the past over a decade has resulted in net economic and environmental benefits.
Background
- BT (Bacillus thuringiensis) cotton has been commercially grown in India for the past 19 years.
- The Genetic Engineering Approval Committee (GEAC) approved the release of BT cotton for commercial cultivation in 2002 in western and southern parts of the country.
- In Punjab, BT cotton was released for cultivation in 2005.
- Before the release, it was adopted by 72% farmers on 22% of the cotton area. However, a lot of questions have been raised recently on its impact.
BT cotton in India
- BT cotton is a genetically modified organism (GMO) or genetically modified pest resistant plant cotton variety, which produces an insecticide to combat bollworm.
- Strains of the bacterium Bacillus thuringiensis produce over 200 different BT toxins, each harmful to different insects.
- Most notably, BT toxins are insecticidal to the larvae of moths and butterflies, beetles, cotton bollworms and flies but are harmless to other forms of life.
- In 2002, a joint venture between Monsanto and Mahyco introduced BT cotton to India.
- In 2011, India grew the largest GM cotton crop at 10.6 million hectares.
Issues with BT cotton
- In India, BT cotton has been enveloped in controversies due to its supposed failure to reduce the need for pesticides and increase yield.
- The link between the introduction of BT cotton to India and a surge in farmer suicides has been refuted by other studies with decreased farmer suicides since BT cotton was introduced.
- BT cotton accounts for 93% of cotton grown in India.
- Maharashtra banned the sale and distribution of BT cotton in 2012, to promote local Indian seeds, which demand less water, fertilizers and pesticide input.
What is the new study about?
Success of BT in Punjab
- The research was funded by the Agricultural Extension Division of the Indian Council of Agricultural Research under extramural project “Impact evaluation of integrated pest management technologies”.
- It found that since the commercialization of BT cotton:
- there has been reduction in insecticide use by volume and applications,
- decline in environmental and human health impact associated with insecticide use,
- more reduction in the use of highly hazardous and riskiest insecticides, and
- reduction in the expenses associated with insecticide use.
- Cotton yields in the past 13 years have been stable, the only exception being 2015
Now its’ time to answer this PYQ in the comment box:
Q.In India, the use of carbofuran, methyl parathion, phorate and triazophos is viewed with apprehension. These chemicals are used as: (CSP 2017)
(a) Pesticides in agriculture
(b) Preservatives in processed foods
(c) Fruit-ripening agents
(d) Moisturizing agents in cosmetics
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Censorship of movies
The Centre has recently released the draft Cinematograph (Amendment) Bill 2021 to the general public for comments.
Cinematograph (Amendment) Bill 2021
- The new draft proposes to amend the Cinematograph Act of 1952 with some provisions.
- It seeks to give the Centre “revisionary powers” and enable it to “re-examine” films already cleared by the Central Board of Film Certification (CBFC).
A look at what the draft proposes to change:
(a) Revision of certification
- This will equip the Centre with revisionary powers on account of violation of Section 5B(1) (principles for guidance in certifying films).
- The current Act, in Section 6, already equips the Centre to call for records of proceedings in relation to a film’s certification.
- The Ministry of I&B explained that the proposed revision “means that the Central Government, if the situation so warranted, has the power to reverse the decision of the Board”.
- Currently, because of a judgment by the Karnataka High Court, which was upheld by the Supreme Court in November 2020, the Centre cannot use its revisionary powers on films that have already been granted a certificate by the CBFC.
Issues
- The draft comes shortly after the abolition of the Film Certificate Appellate Tribunal, which was the last point of appeal for filmmakers against the certificate granted to their film.
- The draft has been criticized by filmmakers and term it a “super censor”.
(b) Age-based certification
- The draft proposes to introduce age-based categorisation and classification. Currently, films are certified into three categories — ‘U’ for unrestricted public exhibition; ‘U/A’ that requires parental guidance for children under 12; and ‘A’ for adult films.
- The new draft proposes to divide the categories into further age-based groups: U/A 7+, U/A 13+ and U/A 16+.
- This proposed age classification for films echoes the new IT rules for streaming platforms.
(c) Provision against piracy
- The Ministry noted that at present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952.
- The draft proposes to add Section 6AA that will prohibit unauthorized recording.
- The proposed section states, no person shall, without the written authorization of the author, be permitted to make an audio-visual recording device.
- Violation shall be punishable with imprisonment for a term of not less than three months and may extend to three years and with a fine which shall not be less than Rs 3 lakh which may extend to 5 per cent of the audited gross production cost or with both.
(d) Eternal certificate
- The draft proposes to certify films for perpetuity.
- Currently, a certificate issued by the CBFC is valid only for 10 years.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indian monsoon
Mains level: Monsoon and climate change
Rainfall during retreating monsoon, which parts of South India experience every year, is not a local anomaly and is global in nature and scale, according to a recent study by the University of Sydney.
What is Retreating Monsoon?
- In India, retreating monsoon is the withdrawal of south-west monsoon winds from North India.
- The withdrawal is gradual and takes about three months.
- With the retreat of the monsoons, the clouds disappear and the sky becomes clear. The day temperature starts falling steeply.
- Monsoon rains weaken all over India except few southeastern states.
- It is helpful in Rabi crop cultivation.
What has the research found?
- The research has identified regions in the northern hemisphere that receive the bulk of the rainfall during September, October and November and southern hemisphere that receive most of the rainfall from March to August.
- The discovery that these are part of a global pattern and not one-off occurrences means they can be systematically studied, which will help understand how these communities could be affected by climate change.
- Peninsular India and parts of South-East Asia are among the eight regions examined in the study.
Factors affecting the retreat
- The eight global regions identified by the study that receive most of their rainfall after summer, have several things in common.
- They lie on the eastern fringes of landmasses and are in close proximity to mountain ranges with modest heights.
Two predominant factors cause the phenomenon:
- First, the low mountain range in each region runs from north to south, shielding it from west-bound winds that trigger summer monsoon.
- After summer, the range aids in the ‘orographic lift’ or rising of east-bound air mass from a lower to higher elevation, forming clouds and resulting in rain.
- The second factor is atmospheric convection or vertical movement of air.
- As the earth is heated by the sun, different surfaces absorb different amounts of energy and convection may occur where the surface heats up very rapidly.
- As the surface warms, it heats the overlying air, which gradually becomes less dense than the surrounding air and begins to rise.
- This condition is more favorable from September to February because of the role played by sea surface temperature or water temperature.
Answer this PYQ in the comment box:
Q.The seasonal reversal of winds is the typical characteristic of:
(a) Equatorial climate
(b) Mediterranean climate
(c) Monsoon climate
(d) All of the above climates
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Consumer Protection (E-commerce) Rules, 2020
Mains level: Not Much
For the purposes of preventing unfair trade practices in e-commerce, the Central Government had notified the Consumer Protection (E-Commerce) Rules, 2020 with effect from 23 July 2020.
Consumer Protection (E-commerce) Rules, 2020
The proposed amendments aim to bring transparency in the e-commerce platforms and further strengthen the regulatory regime to curb the prevalent unfair trade practices.
The proposed amendments are as follows:
(a) Chief Compliance Officer
- To ensure compliance of the rules, the appointment of Chief Compliance Officer, a nodal contact person for 24×7 coordination with law enforcement agencies, officers to ensure compliance to their orders and Resident Grievance Officer for redressing of the grievances of the consumers on the e-commerce platform, has been proposed.
- This would ensure effective compliance with the provisions of the Act and Rules and also strengthen the grievance redressal mechanism on e-commerce entities.
(b) Registration of e-coms
- Putting in place a framework for registration of every e-commerce entity with the DPIIT for allotment of a registration number which shall be displayed prominently on the website as well as invoice of every order placed by the e-commerce entity.
- This would help create a database of genuine e-commerce entities and ensure that the consumers are able to verify the genuineness of an e-commerce entity before transacting through their platform.
(c) Prohibition of miss-selling
- The goods and services entities selling goods or services by deliberate misrepresentation of information have been prohibited.
(d) Expiry dates
- This would ensure that consumers are aware of the expiry date of the products they are buying on the e-commerce platform.
- It compels all sellers on marketplace e-commerce entities and all inventory e-commerce entities to provide the best before or use before the date to enable consumers to make an informed purchase decision.
(e) Fair and equal treatment
- It has been provided that where an e-commerce entity offers imported goods or services, it shall incorporate a filter mechanism to identify goods based on country of origin and suggest alternatives to ensure fair opportunity to domestic goods.
(f) Fall-back liability
- This would ensure that consumers are not adversely affected in the event where a seller fails to deliver the goods or services due to negligent conduct by such seller in fulfilling the duties and liabilities.
Why need such an amendment?
It was observed that there was an evident lack of regulatory oversight in e-commerce which required some urgent action.
- Manipulating search results: Moreover, the rapid growth of e-commerce platforms has also brought into the purview the unfair trade practices of the marketplace e-commerce entities engaging in manipulating search result to promote certain sellers.
- Preferential treatment: This includes preferential treatment to some sellers, indirectly operating the sellers on their platform, impinging the free choice of consumers, selling goods close to expiration etc.
- Flash sales: Certain e-commerce entities are engaging in limiting consumer choice by indulging in “back to back” or “flash” sales. This prevents a level playing field and ultimately limits customer choice and increases prices.
Check this PYQ from CSP 2012:
Q. With reference to consumer’s rights / privileges under the provision of law in India which of the following statements correct?
- Consumer are empowered to take samples for food testing
- When consumer fi les a complaint in any consumer forum, no fee is required to be paid.
- In case of death of consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:
(a) Only 1
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CSR norms in India
Mains level: Paper 3- Sustainability and capitalism
The article calls the corporates to adopt new capitalism in the aftermath of the pandemic which involves alongside the profit motives the commitment to giving back.
Capitalism in the aftermath of Covid-19
- The 2008 crisis was caused by the excesses of global finance, whereas the 2020 economic crisis was caused by a pandemic that spilled over to the economy.
- While the current pandemic is the first of its kind in nine decades, the dire economic consequences are very similar to that global financial crisis just a decade ago.
- What is also similar is the policy response that has followed both the 2008 and 2020 crises — the Keynesian prescription of the government stimulating a depressed economy by using monetary and fiscal instruments.
- Cheap liquidity preserves the wealth of the asset-owning classes even as the real economy stalls.
- However, over-stretched governments head towards a debt/fiscal crisis which eventually forces austerity, hitting those dependent on government handouts.
- It is this inequality in outcomes that is unlikely to happen this time.
- Already, the G-7 has pledged to maintain a minimum level of corporation tax.
- There have also been calls for additional taxation, particularly on the assets of the wealthy.
What corporates can do
- Instead of waiting for governments to react under popular pressure, corporates must themselves set out on a different path.
- Covid-19 has brought home the fragility of human life and the deeply interconnected fate of humanity.
- Outside of the pandemic, there is no better example of this than climate change which, if left uncontrolled, could devastate the world.
- While governments negotiate, corporates must respond with voluntary commitments to mitigate climate change.
- Climate change mitigation should be at the core of all business models going forward.
- In addition, promoters need to come forward to pledge more of their wealth towards philanthropy.
- India implemented the concept of corporate social responsibility as part of its legal framework a decade ago.
Investor pressure for action towards environment
- The ability of the private sector to work for the greater good seems implausible.
- But it is already happening — not because of government regulation, but because of investor pressure.
- Progressive actions towards the environment and society are being rewarded by investors.
- The absence of such progressive actions is being penalised.
- Market forces are, after all, embedded in society.
- They are perfectly capable of moving beyond profit.
Threat of new-age tech capitalism
- The real challenge for society, government and capitalists comes from the new-age tech capitalists.
- They are the new monopolists or oligopolists who don’t exercise their power over society by charging a supernormal price.
- In fact, a lot of them provide goods and services at hefty discounts.
- Instead, what they seek is to control information and influence choices.
- Many of the promoters of such enterprises are philanthropists but society and governments have a different set of concerns on how they exercise power.
Conclusion
An imperfect world is passing through a perfect storm. There will be big changes on the other side. Capitalism will survive. It could thrive by choosing its own pathway or it could stumble along under the hammer of big government fuelled by populist backlash.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RIC and BRICS
Mains level: Paper 2- India-Russia relations
The article highlights Russia’s increasing inclinations towards China and its implications for India.
Context
Russian President Vladimir Putin has recently asserted that both the Indian Prime Minister, Narendra Modi, and the Chinese President, Xi Jinping, are “responsible” enough to solve issues between their countries, while underlining the need to debar any “extra-regional power” to interfere in the process.
Implications for India-Russia ties
- By this remark, Russia expects India to give up all efforts to reverse Beijing’s encroachment strategies.
- The remarks can only be seen as reinforcing China’s claim that the Quadrilateral or Quad is aimed at containing China’s influence in the Indo-Pacific region.
- Russia’s continued criticism of the Indo-Pacific and the Quad suggests the divergent perspectives of India and Russia on how to deal with China’s rise to global prominence.
- While India needs Russia’s partnership for its defence needs, India cannot endorse the Russian perspective on the Indo-Pacific and the Quad
- The Russian attitude toward China’s growing power and influence will be the touchstone of Russia’s relations with India.
- Russia has rejected the Indo-Pacific construct in favour of the Asia-Pacific on the ground that the first is primarily an American initiative designed to contain both China and Russia.
- With the rise of populist nationalism amidst the decline of globalisation, the resolution of the Sino-Indian boundary dispute appears a difficult task.
Background of India’s balancing strategies
- Following the disintegration of the Union of Soviet Socialist Republics (USSR), India soon realised Russia was much weaker than the erstwhile USSR and incapable of helping India balance potential threats from Beijing.
- On the other hand, Russia began to cast Moscow as the leader of a supposed trilateral grouping of Russia-India-China against a U.S.-led unipolar world.
- Russia became an early proponent of the ‘strategic triangle’ to bring together the three major powers.
- India’s fear of the unipolar moment too made it easier for India to become part of this initiative.
- But China’s dismissive attitude toward Indian capabilities, coupled with an emerging China-Pakistan nexus, prevented the success of this trilateral.
- India, instead, invested its diplomatic energies in rapprochement with the United States.
- Thus, India decided to get integrated in the economic order it once denounced.
- Economic liberalisation also allowed India to buy sophisticated weapons from a wider global market that included suppliers such as Israel and France.
- As the logic of intensive engagement with the West was effectively established, strategic partnership with the U.S. was a logical corollary.
- India has been searching for other major powers to balance against China as it does not have the sufficient means for hard balancing.
- India has deepened its ties with Japan and Australia in a way that is close to soft balancing.
- among all of India’s balancing efforts, the stupendous growth in ties with the U.S. has been the greatest source of concern for China which views the India-U.S. rapprochement as containment.
Way forward for India-Russia ties
- While other powers such as France, Australia, Japan and Russia will have an impact on the emerging maritime structures of the Indo-Pacific region, it is the triangular dynamic between India, China and the U.S. that is going to be the most consequential.
- Russia is yet to realise that it will gain immensely from the multilateralism that the Indo-Pacific seeks to promote.
- Being China’s junior partner only undermines Moscow’s great-power ambitions.
- Given Russia’s preoccupation with ‘status’ rivalry with the U.S., Russia’s view of India-China relations seems understandable.
- But there is a danger in permitting it to harden into a permanent attitude as an increasingly pro-Beijing Russia might adopt more aggressive blocking of India’s policy agendas.
- That is why India is particularly interested in a normalisation of relations between Washington and Moscow.
- The normalisation of relations between the U.S. and Russia will help India steer ties among the great powers.
India-China ties
- Non-alignment, painful memories of colonial subjugation, opposition to great-power hegemony, and strong beliefs in sovereignty and strategic autonomy have been the key influencers in shaping India’s and China’s engagement with each other as well as the western world.
- But this has begun to change as Beijing is asserting its hegemony over Asia.
- In such circumstances, multilateral forums such as the Russia-India-China (RIC) grouping and BRICS (Brazil, Russia, India, China and South Africa) have little practical value for Indian diplomacy.
- Without China’s reciprocity, options before India are limited.
- The response cannot be just symbolic or rhetorical. The absence of any material evidence of reciprocity is bound to doom an attempt at Sino-Indian rapprochement.
Conclusion
China is undoubtedly the most powerful actor in its neighbourhood but it cannot simply have its way in shaping Asia’s new geopolitics.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Agri-exports from India
Mains level: Paper 3- Issues with India's agri-exports
The article highlights the unsustainability of agri-exports owing to their water-intensive nature and subsidies provided in their production.
India’s agri-exports
- Agri-exports touched $41.8 billion in FY 2020-21, registering a growth of 18 per cent over the previous year.
- Amongst the various agri-commodity exports, rice ranks first with 17.7 million tonnes valued at $8.8 billion, roughly 21 per cent of the total value of agri-exports.
- It is followed by marine products ($6 billion), spices ($4 billion), bovine (buffalo) meat ($3.2 billion) and sugar ($2.8 billion).
Trend analysis of agri-exports
- During the last seven years, agri-exports have remained lower than the level reached in FY2013-14 ($43.3 billion).
- That was when the highest agri-trade surplus (exports minus imports) was generated ($27.8 billion).
- That was also when Indian agriculture was most globally integrated, with agri-trade (exports plus imports) touching 20 per cent of the agri-GDP.
- It has slid to 13.5 per cent by FY2020-21, indicating India is becoming less globally competitive in exports and more protectionist in imports, presumably in the name of Atmanirbhar Bharat.
- It is high time to review current agri-trade policies and accompanying tariff structures.
Why sustainability of agri-exports is a concern?
- From a strategic point of view, however, one must ask whether this growth rate can be sustained over a longer period, and the implications it has for Indian agriculture.
- Water consumption: India is a water-stressed country with per capita water availability of 1,544 cubic metres in 2011, down from 5,178 cubic metres in 1951.
- It is well known that a kg of sugar has a virtual water intake of about 2,000 litres.
- In 2020-21, India exported 7.5 million tonnes of sugar, implying that at least 15 billion cubic metres of water was exported through sugar alone.
- Rice, needs around 3,000 to 5,000 litres of water for irrigating a kg, depending upon topography.
- Also, rice cultivation contributes to more than 18 per cent of the GHG emission generated from agriculture.
- Subsidies: Power and fertiliser subsidies account for about 15 per cent of its value in states like Punjab and Haryana.
- If these subsidies are withdrawn, rice will not be as preferred a crop with farmers as it is today.
Way forward
- Farming practices such as alternate wetting drying (AWD), direct-seeded rice (DSR) and micro-irrigation will have to be taken up on a war footing.
- Farmers may be incentivised and rewarded to save water, switch from paddy and sugar to other less water guzzler crops, and reduce the carbon footprint.
- It is high time that policymakers revisit the entire gamut of rice and sugar systems from their MSP/FRP to their production in an environmentally sustainable manner.
- At least in the case of rice, procurement will have to be limited to the needs of PDS, and within PDS, it is high time to introduce the option of direct cash transfers.
Consider the question “Rice and sugar forms the part of India’s agri-basket. However, there are concerns over their sustainability. What are the reasons for concerns and suggest the measure to deal with these concerns”
Conclusion
To maintain the sustainability of the agri-exports, crops must be produced efficiently and with minimal subsidies. The government needs to take steps to ensure that with rice and sugar.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Role of the States in health crisis
The States are better equipped to deal with the health emergencies and the Centre needs to augment them in their efforts. The article deals with this issue.
Role of the States in health crisis
- Covid-19 pandemic is a national crisis calling for concerted efforts by both, the Government of India (GoI) and state governments.
- Health is a state subject, and the states have been pioneering many health programmes on their own, some with support and funding from the GoI, for a very long time.
- The number of employees in the health wing of the GoI is negligible as compared to that in any state government.
- The GoI must help them, motivate them to do better and assist them in their task.
- Also, the GoI must and can play a major role is in vaccination.
Role of the Central government
- It must try to augment supplies by encouraging companies to produce more and through imports/gifts.
- However, whatever it procures must be allotted to states in proportion to their eligible population.
- State governments must be involved in this policy.
- The vaccination policy may be left to the state governments based on the allocation.
- The GoI must also augment supplies of critical medical goods through imports and donations from friendly nations in view of their acute shortage.
- It must distribute them to the needy states transparently and equitably.
Steps that need to be taken
- Lockdowns need to be lifted in a calibrated manner depending on local conditions.
- Lockdowns are not the solution, they just buy breathing time which can be used by governments to ramp up capacity.
- State governments must set up efficient and well-functioning control rooms and telemedicine centres to guide people on home treatment and timely admission to hospitals.
- The private sector can also be fully involved in these efforts.
- Bed capacity must be increased in both private and public sectors, with all necessary requirements such as oxygen, medicines, and health workers.
- It is also important to put in place a standard guidance protocol for health workers and control rooms to guide patients through the disease.
- Enforcement of masks and distancing in public places must go on till the country is fully vaccinated.
- The measures suggested above require hard work and efficient management by state governments, by a team of reputed professionals and civil servants.
- Daily briefing by a professional, not a politician, is the need of the hour at both the Centre and state level, giving some confidence and assurance to the public.
Consider the question “In dealing with the health crisis the Union Government and the State governments are better placed for certain roles. In light of this, examine the important role of the States in dealing with the Covid pandemic and how the Union government can complement it.”
Conclusion
The central government must realise that states are on the forefront in this war, and therefore, play a supporting and proactive role. It has only a minor, behind-the-scenes role in the health sector.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NATO
Mains level: Rise of China in the global agenda
In a communiqué issued following the June 14 summit of its member-states in Brussels, the North Atlantic Treaty Organization (NATO), for the first time, explicitly described China as a security risk.
Try answering this question:
Q.NATO has been an ideal vehicle for power-projection around the world by the US. Critically comment.
China as a global threat
- China has never figured in NATO summit declarations before, except for a minor reference in 2019 to the “opportunities and challenges” it presented.
- But China’s stated ambitions and assertive behaviour present systemic challenges to the rules-based international order and to areas relevant to NATO security.
- China has reacted sharply. It has urged NATO to view China’s development rationally, stop exaggerating various forms of China threat theory.
- The other two threats identified by the NATO communiqué are on predictable lines: Russia and terrorism.
Focus over two nations
- There is a significant difference, however, between a strategic focus on countering Russia and casting China as a “systemic challenge”.
- This goes back to NATO’s founding mandate and subsequent history.
What is NATO, btw?
- NATO, the planet’s largest — and largest-ever — military alliance, was formed in 1949 by 12 Allied powers to counter the massive Soviet armies stationed in Eastern and Central Europe after Second World War.
- According to Paul-Henri Spaak, the second Secretary-General of NATO, it was, ironically enough, Joseph Stalin who is the true father of NATO.
- It was Stalin’s overreach — especially with the Berlin blockade of 1948-49 and the orchestrated coup in Czechoslovakia in 1948 — that convinced a diverse set of war-ravaged European nations to come together under an American security blanket.
- The collective defence principle enshrined in NATO’s Article V states that “an attack against one ally is considered as an attack against all allies”.
- The formation of NATO, and its Soviet counterpart, the Warsaw Pact, in 1955, inaugurated the Cold War era.
NATO and its relevance now
- NATO was completely successful in its mission of protecting the “Euro-Atlantic area” from Soviet expansion and preventing war between the two superpowers.
- When the Soviet Union collapsed in 1991, questions were raised about NATO’s relevance and future.
- Since the Non-aligned Movement (NAM) became irrelevant when the Communist bloc disappeared, one cannot justify the continuation of a military alliance formed to protect Europe from Communist expansion.
Post-Cold War era mandate of NATO
- Its bureaucracy succeeded in refashioning NATO for the post-Cold war era.
- The refashioning rested on a paradigm shift — from collective defence, which implied a known adversary, to collective security, which is open-ended, and might require action against any number of threats.
- The threat included unknown ones and non-state actors.
- In other words, the elimination of one threat to Europe — communist Russia — did not necessarily mean that security risks to Europe have vanished.
Why dismantle a beneficial arrangement
- Another factor in the persistence of NATO is that, like all successful alliances, it has been a mutually beneficial arrangement.
- For Europe, it was an attractive bargain where, in exchange for a marginal loss in autonomy, it enjoyed absolute security at a cheap price.
- Not having to spend massively on defence allowed Europe to focus on building powerful economies and invest its surplus in a strong welfare state.
- NATO also offered the added bonus of keeping Germany down — historically a major factor for peace and stability in the region.
An effective American weapon
- For the US, NATO has been an ideal vehicle for power projection around the world — in places beyond the Euro-Atlantic area, such as Iraq, Afghanistan and Libya.
- It views NATO as a tool to ensure the primacy of American interests across the globe.
- Unsurprisingly, NATO’s post-Cold War role has evolved in tandem with U.S. foreign policy priorities.
- The NATO doctrine of “enlargement”, which Russia calls “expansion”, is essentially about extending the American military footprint by bringing in new members.
- That is how NATO’s membership today stands at 30, having added 14 members between 1999 and 2020.
The final truth
- The Biden administration wants to mobilize NATO member-states behind its larger objective of containing China.
- NATO’s European member states may view China as an economic rival and adversary, but they are unconvinced by the American line that it is an outright security threat.
- This line also, in a way, points to the underlying logic behind NATO’s persistence in the post-Soviet world.
- Unlike the Soviet Union, China offers no alternative vision of society that could make Western capitalism insecure.
- In fact, its own economy is already deeply integrated into Western markets. China, nonetheless, is perceived as posing a ‘threat’.
- It remains to be seen how far an ageing Europe would be willing to commit itself to a strategic path that prefers confrontation to collaboration like the US.
Also read:
India & NATO
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: NDPS Act
Last week, the Tripura High Court, in a significant verdict, discovered an oversight in drafting the 2014 amendments to the Narcotics Drugs and Psychotropic Substances Act, 1985.
What is Section 27A?
- The NDPS had unintentionally rendered a key provision of the Act, Section 27A which provides for punishment of those financing illicit trafficking, inoperable.
- This section has been consistently evoked since a year after the alleged suicide of a notable Bollywood actor after drugs intoxication.
What is the provision?
- The NDPS Act, 1985 is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
- It provides a stringent framework for punishing offenses related to illicit traffic in narcotic drugs and psychotropic substances through imprisonments and forfeiture of property.
- Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harboring offenders.
- The court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.”
So why is this provision inoperable?
- The text of the provision says that offences mentioned under Section 2(viiia) sub-clauses i-v are punishable through Section 27A.
- However, Section 2 (viiia) sub-clauses i-v, which is supposed to be the catalog of offences, does not exist after the 2014 amendment.
- So, if Section 27A penalises a blank list or a non-existent provision, it can be argued that it is virtually inoperable.
What was the 2014 amendment?
- In 2014, a key amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
- Since the regulation under NDPS was very stringent, despite being a leading manufacturer of morphine, an opioid analgesic used as a painkiller, it was difficult to access the drug even for hospitals.
Exceptions for essential drugs
- The 2014 amendment essentially removed state-barriers in transporting, licensing drugs classified as “essential narcotic drugs”, and made it centralized.
- This was done by first introducing a provision in Section 2 that defines essential narcotic drugs, and subsequently in Section 9 allowing the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
- The amendment to add the definition of essential narcotic drugs re-lettered the old Section 2(viii)a that was the catalog of offences as Section 2(viii)b, and under the Section 2(viii)a, defined essential narcotic drugs.
- However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.
How was this error noticed?
- In 2016, an accused sought bail before a special judge in West Tripura in Agartala citing this omission in drafting.
- The accused’s plea was that since Section 27A penalized a blank list, he could not be charged under the offence.
- The district judge then referred the case to the Tripura High Court.
What did the HC decide?
- The Law Ministry had argued that the court must overlook the omission and read the legislation as a whole. It also told the court that the provision would be amended to rectify the dissonance.
- The Tripura HC agreed with the government’s view, but said that it may not be the best solution.
- The amendment is yet to take place. However, criminal laws cannot be amended retrospectively.
- Article 20 of the Constitution guarantees protection against double jeopardy.
- So even if the amendment is brought in, the result of the drafting error could lead to more constitutional questions being raised.
Back2Basics: Article 20 of the Indian Constitution
The Article 20 is one of the pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with protection of certain rights in case of conviction for offences.
(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offense shall be compelled to be a witness against himself.
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From UPSC perspective, the following things are important :
Prelims level: Rotation and Revolution of Earth
Mains level: NA
The summer solstice will happen today around 9:02 am on Monday (Indian Standard Time).
What is Summer Solstice?
- Solstice means “sun stands still” in Latin.
- The longest day of 2021 for those living north of the Equator is June 21.
- This day is characterized by a greater amount of energy received from the sun.
- In technical terms, this day is referred to as the summer solstice, the longest day of the summer season. It occurs when the sun is directly over the Tropic of Cancer, or more specifically right over 23.5-degree north latitude.
The Southern Hemisphere receives most sunlight on December 21, 22 or 23 when the northern hemisphere has its longest nights– or the winter solstice.
Why do we have summer solstice?
- Since Earth rotates on its axis, the Northern Hemisphere gets more direct sunlight between March and September over the course of a day.
- This also means people living in the Northern Hemisphere experience summer during this time.
- The rest of the year, the Southern Hemisphere gets more sunlight.
- During the solstice, the Earth’s axis — around which the planet spins, completing one turn each day — is tilted in a way that the North Pole is tipped towards the sun and the South Pole is away from it.
Answer this PYQ in the comment box:
Q.On 21st June, the Sun (CSP 2019):
(a) Does not set below the horizon at the Arctic Circle
(b) Does not set below the horizon at Antarctic Circle
(c) Shines vertically overhead at noon on the Equator
(d) Shines vertically overhead at the Tropic of Capricorn
Some other facts
- Summer solstice does not mean the earliest sunrise or latest sunset.
- Although June 21 will be the longest day in 2021, it does not necessarily mean that it brings the earliest sunrise or latest sunset.
- It depends on the latitudinal location of the country.
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From UPSC perspective, the following things are important :
Prelims level: Gain-of-function research
Mains level: Bio-engineering and associated threats
With the re-emergence of the Wuhan lab-leak origin theory, questions are also being raised on what gain-of-function research is, and whether the benefits of conducting such research outweigh the risks of pathogens escaping from labs.
What is gain-of-function research?
- In virology, gain-of-function research involves deliberately altering an organism in the lab, altering a gene, or introducing a mutation in a pathogen to study its transmissibility, virulence and immunogenicity.
- It is believed that this allows researchers to study potential therapies, vaccine possibilities and ways to control the disease better in future.
- Gain-of-function research involves manipulations that make certain pathogenic microbes more deadly or more transmissible.
- This is done by genetically engineering the virus and by allowing them to grow in different growth mediums, a technique called as serial passage.
Antithesis to this theory
- There is also ‘loss-of-function’ research, which involves inactivating mutations, resulting in a significant loss of original function, or no function to the pathogen.
- When mutations occur, they alter the structure of the virus that is being studied, resulting in altered functions. Some of these significant mutations might weaken the virus or enhance its function.
Associated risks
- Some forms of gain-of-function research reportedly carry inherent biosafety and biosecurity risks and are thus referred to as ‘dual-use research of concern’ (DURC).
- This indicates that while the research may result in benefits for humanity, there is also the potential to cause harm — accidental or deliberate escape of these altered pathogens from labs may cause even pandemics.
Essential component of vaccine development
- The current medical countermeasures are often insufficient largely because of resistance mechanisms that lead to ‘escape mutants’, i.e., drug-resistant strains.
- There is, hence, a continual need to develop new antiviral drugs and additional options, such as immunotherapy, based on neutralizing monoclonal antibodies.
- Ultimately, gain-of-function studies, which enhance viral yield and immunogenicity, are required for vaccine development.
What is the situation in India?
- In India, all activities related to genetically engineered organisms or cells and hazardous microorganisms and products are regulated as per the “Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells Rules, 1989”.
- Last year, the Department of Biotechnology issued guidelines for the establishment of containment facilities, called ‘Biosafety labs’, at levels two and three.
- The notification provides operational guidance on the containment of biohazards and levels of biosafety that all institutions involved in research, development and handling of these microorganisms must comply with.
Should research continue?
- Scientists have differing opinions on the issue, particularly since the emergence of the COVID-19 pandemic.
- While those on the side of gain-of-function research say that it makes science and governments battle-ready for future pandemics, there have been a rising number of calls to suspend such research.
- Proponents of gain-of-function research believe that “nature is the ultimate bioterrorist and we need to do all we can to stay one step ahead”.
- Some researchers thinks it is time to stop such research.
- Science policymakers “must wrestle with defining the rare instances in which the benefits of experiments that enhance a virus’s capacity to survive and flourish in human hosts outweigh any risks.
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