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Showing posts from July, 2020

Right to health as a Human Right

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On 11 March 2020, the World Health Organization declared COVID-19 a global pandemic. Since this declaration, compulsory licensing has remained a hot topic in the IP world. The global and national response needed for shifting the challenge to the promotion and protection of health and the human rights of people across the globe. The situation which is existing today is like a global public health emergency. So the countries identify the ways for addressing this situation from the human rights perspective and to address the public health concern successfully. Enjoyment of the highest attainable standard of health which is the heart of the World Health Organization. WHO commitment continues to serve health as a human right which continues to give a signal for the countries to respond to the public health emergency. Access to health can be directly related to the availability of medical care as part of the person’s individuals rights, various international convention Universal Declaration

Loopholes in the Ganga Action Plan (Part- II)

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Political Motivations behind the GAP In the beginning, this plan was perceived as highly politically motivated because of Hindu sentiments but very soon they realized that it is a futile effort for their political purpose. Therefore they did not take an interest in this project. At the initial stage, Mr Rajeev Gandhi was very much concerned about this plan but later he did not take interest or successive prime ministers took an interest. It is evidenced by the fact that NRCA (National  River Conservation Authority) held only two meetings since the GAP was launched in 1985 while the meetings were supposed to be held annually. This is sufficient to prove that there was a lack of political motivation and interest behind this project. Such a tendency created a barrier for the Ganga Action Plan when the project was on the implementing stage. Over-Designed STPs In practice, sufficient amount of sewage could never reach to the Sewage Treatment Plants (STPs), due to inadequacy of the sewer ne

Compulsory Licensing Of Drugs & Pharmaceuticals during Pandemic

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“ My idea of a better-ordered world is one in which medical discoveries would be free of patent and there will be no profiteering from life or death. ” -  Indira Gandhi From her address to the World Health Assembly in Geneva May 6, 1981 COVID-19 put a challenge to the whole world and it also highlights the issue of public health and the human rights of people across the globe. It affected all spheres and sectors across the globe and the intellectual property regime is not the exception. The research group are engaged in the development of drugs. Some of the drugs approved for the clinical trails by WHO already possess patent protection like Remedesivir and attempt have been also made by some other countries like china to patent similar Covid-19 treatment drugs. It highlights the issue of abuse of the exclusive right of the patent holder. To address this problem various international instrument and treaties signed by the nations for compulsory licensing of patents. It is important to no

Loopholes in the Ganga Action Plan (Part- I)

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Implementation Problems of land acquisition, court cases, contractual issues and inadequate capacities in the local bodies/implementing agencies came in the way of speedy implementation. In some cases, essential components of schemes were not foreseen and estimates had to be revised. This caused cost overruns and delays. Some states like Uttar Pradesh and Bihar could not provide funds timely for O&M (Operation & Maintenance) so O&M of conveying sewers and immediate pumping stations has been grossly neglected in Uttar Pradesh therefore in spite of facilities being available, raw sewage still flowing into the river. Operation and Maintenance (O&M) The state did not provide proper financial resources, uninterrupted power supply and skilled human resources. The problem in operation and maintenance can be defective land acquisition proceedings. It is a matter of experience that the Indian engineer design the projects on paper but they should design the scheme on the site and

Reasons/Causes Of Acid Attacks

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There are many reasons for acid attacks. The most common and obvious reason is “love rejection”, in which the proposer of marriage, love or sex is rejected by the victim. Families of young women are very concerned with the preservation of their daughters‟ marriageability. In addition to her physical appearance, a woman’s virginity is another resource in the marriage market, and therefore, women’s involvement in romantic relationships before marriage is taboo. Vindictive lovers, on being turned down for marriage by women or their families, resort to acid attacks to destroy the woman’s appearance and relegate her to a fate worse than death. Study of Indian News Reports, from January 2002 to October 2012 uncovered that victim’s rejection for love and marriage proposals motivated attacks in 35% of the 110 new stories, providing a motive for the attack.  Additionally, another report was published by a leading organization working for acid attack victims, The Campaign and Struggle against Ac

Atmanirbhar Bharat: Road to Self-Reliance viz-a-viz Steps to Complete the Mission

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“Nothing can bring you peace but yourself.” ― Ralph Waldo Emerson ABSTRACT On 12 th May 2020 The Prime Minister of India Mr Narender Modi addressed to the nation where he first discussed the Atmanirbhar Bharat and announced an economic package of Rs 20 lakh crore. This announcement became a huge motivation for the country and creates a spark in the citizens during the time of corona pandemic.   INTRODUCTION On 24 th March, 2020 India took its first step to fight against coronavirus by initiating a nationwide lockdown. Up till now, there had been five phases of lockdown and the testing of the virus has been increased since then. The increase in testing of the virus was made possible by the campaign initiated by our Prime Minister 'Atmanirbhar Bharat Abhiyan' or 'Self-Reliant India Mission'. This mission is started with a vision of creating a self-reliant India, by promoting Indian businesses and manufacturers to create more and more products and decreasing th

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