PM IAS MARCH 24 NEWS ANALYSIS

What is Defamation Law?

In Context

  • Congress leader Rahul Gandhi has been found guilty and sentenced to two years in prison in a 2019 criminal defamation case over his remarks about Prime Minister Narendra Modi’s surname.

What is Defamation?

  • Defamation is the act of communicating to a third party false statements about a person, place, or thing that results in damage to its reputation.
  • Defamation essentially must fulfill the following requirements:
    • The statement must be published (both oral and written forms publication)
    • The statement must lower the estimation of the person (damaging to the reputation of the person against whom charges have been made).

Types of defamation

  • There are two types of defamation in IndiaCivil and Criminal.
    • Civil defamation: Under this, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation. There is no punishment in the form of a jail sentence.
      • Civil defamation is based on tort law (an area of law which does not rely on statutes to define wrongs but takes from an ever-increasing body of case laws to define what would constitute a wrong).
    • Criminal Defamation: Under this, the person against whom a defamation case is filed might be sentenced to two years’ imprisonment or fined or both.

Respective Sections of IPC

  • IPC Section 499 lays down the definition of defamation and Section 500 lays down the punishment for criminal defamation (two years’ imprisonment for a person found guilty of defamation).
  • Section 499 also cites exceptions. These include “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance.

The Supreme Court recently upheld the validity of the criminal defamation law.

  • According to Supreme Court:
    • Reputation of an individual, constituent in Article 21 is an equally important right as free speech.
    • Criminalization of defamation to protect individual dignity and reputation is a “reasonable restriction”.
    • The acts of expression should be looked at both from the perspective of the speaker and the place at which he speaks, the audience etc.
  • In August 2016, the Supreme court also passed strictures on Tamil Nadu Chief Minister J Jayalalithaa for misusing the criminal defamation law to “suffocate democracy” and, the court said, “public figures must face criticism”.
  • Shreya Singhal Vs. Union of India: It is a landmark judgment regarding internet defamation. It held unconstitutional the Section 66A of the Information Technology Act, 2000 which punishes for sending offensive messages through communication services.

Arguments against Defamation

  • Freedom of speech and expression of media is important for a vibrant democracy and the threat of prosecution alone is enough to suppress the truth. Many times the influential people misuse this provision to suppress any voices against them.
  • The right to reputation cannot be extended to collectives such as the government, which has the resources to set right damage to their reputations.
  • The process in the criminal cases itself becomes a punishment for the accused as it requires him to be personally present along with a lawyer on each date of hearing.
  • It goes against the global trend of decriminalizing defamation. Many countries, including neighboring Sri Lanka, have decriminalized defamation.
    • In 2011, the Human Rights Committee of the International Covenant on Civil and Political Rights called upon states to abolish criminal defamation, noting that it intimidates citizens and makes them shy away from exposing wrongdoing.

Online Gambling in India

In News

  • Tamil Nadu Assembly re-adopts Bill against online gambling

About

  • The Tamil Nadu Assembly has recently re-adopted the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022.
  • The Bill was tabled again in the House after Tamil Nadu Governor R.N. Ravi returned it previously saying it was ultra vires of the Constitution and against the judgments of courts.
  • The Bill was first adopted in the Assembly after the government conducted a School Education Department survey in 2022 to ascertain the impact of online games on students.

What is Online Gambling?

  • Online gambling refers to the practice of participating in gambling activities over the internet.
  • It involves placing bets or wagers on various games and events with the aim of winning money or other prizes.
  • It can be played on various devices, including computers, laptops, tablets, and smartphones and involves the use of virtual chips or digital currencies instead of physical cash.
  • The global online gambling market size was valued at USD 63.53 billion in 2022 and is expected to grow at a compound annual growth rate (CAGR) of 11.7% from 2023 to 2030.
  • The Asia-Pacific region is the largest online gambling market, with China and Japan being the biggest contributors.
  • Online gambling is regulated in most countries including India with varying degrees of restrictions and laws.
  • Major Types:
    • Casino games: These include slots, blackjack, roulette, and baccarat, among others.
    • Sports betting: This involves placing bets on sports events, such as football, basketball, cricket, and horse racing.
    • Poker: This is a card game played against other players online.
    • Lottery: This involves purchasing tickets for online lotteries that offer large cash prizes.

Challenges of Online gambling

  • Addiction: Online gambling can lead to addiction causing severe financial and social problems as it is easily accessible, and players can spend hours playing games without realizing the amount of time and money they are spending.
  • Lack of Regulation: Online gambling is often unregulated, making it easy for fraudulent activities to take place. This can lead to players losing their money or their personal information being compromised.
  • Underage Gambling: Online gambling sites can be easily accessed by minors, leading to underage gambling. This can cause severe psychological and financial problems for children and their families.
  • Money Laundering: Online gambling can be used as a means for money laundering, where players can deposit large amounts of cash into online accounts and then withdraw the money in a legitimate form.
  • Cybersecurity Risks: Online gambling sites can be vulnerable to cyber-attacks, which can lead to the theft of sensitive personal and financial information of the players.
  • Social Isolation: Online gambling can lead to social isolation, as players can spend hours playing games online, leading to a lack of social interaction with family and friends.

Advantages of Online Gambling

  • Accessible entertainment: Online gambling provides easy and convenient access to entertainment for millions of Indians who may not have access to traditional land-based casinos or gambling establishments.
  • Revenue generation: It can generate significant revenue for the Indian government through taxation and regulation besides creating jobs and business opportunities for Indian entrepreneurs.
  • Tourism: It can help promote tourism in India by attracting foreign players who are interested in Indian-themed games or unique experiences that are not available in their home countries.
  • Responsible gambling: Online gambling platforms can provide responsible gambling resources and tools to help players manage their gambling activities and prevent addiction through setting deposit limits, self-exclusion programs, and problem gambling helplines.

Laws governing Online Gambling

The laws governing online gambling in India are complex and vary by state however, there are some overarching laws that apply to the entire country:

  • Public Gambling Act, 1867: It is a federal law that prohibits operating or visiting a gambling house. However, this law does not specifically mention online gambling.
  • Information Technology Act, 2011: It was amended to include provisions related to online gambling which states that any website that offers online gambling services must be located outside of India.
  • Many states in India have their own laws related to gambling with some states, such as Goa and Sikkim, having legalized certain forms of gambling and issue licenses to operators. 

Major Court Judgements:

  • Dr. K.R. Lakshmanan vs. State of Tamil Nadu (1996): The Supreme Court of India held that games of skill, such as horse racing and rummy, are not considered gambling under the Public Gambling Act of 1867.
  • State of Andhra Pradesh vs. K. Satyanarayana (1968): The Andhra Pradesh High Court ruled that playing rummy for stakes is considered gambling and is therefore illegal.
  • Varun Gumber v. Union Territory of Chandigarh (2017): The Punjab and Haryana High Court declared that online fantasy sports games, such as Dream11, involve a substantial degree of skill and are not considered gambling.
  • Mahalakshmi Cultural Association v. State of Tamil Nadu (2013): The Madras High Court held that online games of chance, such as poker and rummy, are considered gambling and are therefore illegal.
  • Shri Krishna Agrawal vs. State of Maharashtra (1999): The Bombay High Court ruled that the game of poker involves a substantial degree of skill and is therefore not considered gambling.

Way ahead

  • Overall, online gambling poses significant challenges that need to be addressed by regulators and policymakers to ensure that players are protected and that online gambling is conducted in a fair and responsible manner.
  • The legal landscape surrounding online gambling in India is complex and can vary widely by state thus there is need for individuals to be aware of the laws in their state and to ensure they are only participating in legal and licensed online gambling activities.

Scholarship Schemes

In News

  • Recently, the Parliamentary Standing Committee on Social Justice and Empowerment highlighted the funds spent on the scholarship schemes by the Ministry of Social Justice and Empowerment.

About

  • In the first nine months of the financial year 2022-23, the Ministry was able to spend only 1% of its allocation for a pre-matric scholarship scheme for Scheduled Caste students.
  • And less than half the amount allocated for a post-matric scholarship scheme for SC students.
  • Under the PM-YASASVI scheme the Government spent just a little over 2% out of the total budget allocation for the scheme.
  • Government’s Response: Earlier, the scheme was split into two — one for SC students and one for children of those engaged in hazardous occupations. It was merged into one and implemented as such from 2022-23.
    • Under the new system, the Centre sends its 60% share of the funds through a Direct Benefit Transfer to the Aadhaar-linked bank account of the beneficiary, but only after the concerned State government releases its 40% share of the funds. 

Pre-matric scholarship scheme

  • Pre-Matric Scholarship for ST students (Class IX and X) is a Centrally Sponsored Scheme launched in 2006 and implemented through respective State/UT administrations. 
  • It is an open-ended Scheme covering all ST students studying in Std. IXth & Xth, whose parental annual income is up to Rs. 2.50 lakhs.
  • The contribution from the Government of India is 75% and the state contribution is 25%. 
  • In respect of North East states and hilly states, the contribution from Government of India is 90% and the state contribution is 10%. 
  • In case of UTs like Andaman & Nicobar without Legislative Assembly and own grants, Govt. of India’s contribution is 100%.

Post matric scholarship scheme

  • Post Matric Scholarship for ST students (Class XI and above) is a Centrally Sponsored Scheme implemented through respective Ste/UT administrations. 
  • This is an open-ended Scheme covering all ST students studying in in class XI and above, whose parental annual income is up to Rs. 2.50 lakhs.
  • The contribution from the Government of India is 75% and the state contribution is 25%. 
  • In respect of North East states and hilly states, the contribution from Government of India is 90% and the state contribution is 10%. 
  • In case of UTs like Andaman & Nicobar without Legislative Assembly and own grants, Govt. of India’s contribution is 100%.

PM-YASASVI scheme

  • It is formulated by the Ministry of Social Justice and Empowerment (MSJ&E) and known as PM Young achievers Scholarship Award Scheme for Vibrant India (YASASVI) for award of scholarships to Other Backward Class (OBC), Economically Backward Class (EBC) and Nomadic and Semi-Nomadic Tribes Denotified Tribe(DNT) students.
  • The annual income of whose parents/guardian is not more than Rs. 2.5 lakhs, studying in identified Schools.
  • The award of scholarships is at two levels:
    •  For students who are studying in Class IX.
    •  For students who are studying in Class XI.
  • Selection of candidates for award of Scholarships under the Scheme is through a written test known as Yasasvi Entrance Test (YET) conducted by National Testing Agency (NTA).
About National Testing Agency (NTA)MSJ&E, Government of India (GoI) has established the National Testing Agency (NTA) as an independent, autonomous and self-sustained premier testing organization under the Societies Registration Act (1860).It is established for conducting efficient, transparent and international standardized tests in order to assess the competency of candidates for admission to premier Higher Educational Institutions(HEI).

IPCC Report on India’s Afforestation Policy

In Context

  • Recently the Synthesis Report of the Intergovernmental Panel on Climate Change (IPCC) was released.

Report statement on India’s afforestation policy

  • The report states that not degrading existing ecosystems in the first place will do more to lower the impact of the climate crisis than restoring ecosystems that have been destroyed.
    • It is speaking about the increasingly contested policy in India that has allowed forests in one part of the country to be cut down and ‘replaced’ with those elsewhere.

More about Afforestation 

  • Afforestation as part of India’s climate pledges: 
    • The government has committed to adding “an additional (cumulative) carbon sink of 2.5-3 GtCO2e through additional forest and tree cover by 2030”.
      • ‘GtCO2e’ stands for gigatonnes of carbon-dioxide-equivalent.
  • Afforestation & CAMPA:
    • Afforestation is also codified in the Compensatory Afforestation Fund Management and Planning Authority (CAMPA), a body created on the Supreme Court’s orders in 2002, chaired by the environment minister. 
    • According to the environment ministry, “CAMPA is meant to promote afforestation and regeneration activities as a way of compensating for forest land diverted to non-forest uses.”
  • Forest (Conservation) Act 1980:
    • When forest land is diverted to non-forest use, such as a dam or a mine, that land can longer provide its historical ecosystem services nor host biodiversity.
    • According to the Forest (Conservation) Act 1980, the project proponent that wishes to divert the land must identify land elsewhere to afforest, and pay the land value and for the afforestation exercise. 
    • That land will thereafter be stewarded by the forest department.

Issues

  • Unspent fund:
    • The money paid sits in a fund overseen by Compensatory Afforestation Fund Management and Planning Authority (CAMPA)
    • In 2006-2012, the fund grew from Rs 1,200 crore to Rs 23,600 crore. But the Comptroller and Auditor General found in 2013 that most of this money had been unspent. In 2019, the fund had Rs 47,000 crore.
  • Facilitating deforestation:
    • CAMPA has also come under fire for facilitating the destruction of natural ecosystems in exchange for forests to be set up in other places.
      • For example, in October 2022, the Haryana government said it would develop the “world’s largest curated safari” using CAMPA funds received from deforestation in Great Nicobar for development projects, 2,400 km away and of very different topography.
  • Issues with CAMPA-funded projects:
    • A 2016 article in Current Science also said that CAMPA-funded projects endangered “landscape connectivity and biodiversity corridors” and exposed forest patches to “edge effects”. 
    • It added that planting non-native species or artificial plantations wouldn’t compensate for the ecosystem loss as well as be “hazardous to the existing ecosystem”.
  • No specific conditions for denying:
    • There are no specific conditions laid by the environment ministry for outrightly denying permission for deforestation for development projects.
      • For example, indiscriminately planting mangroves on mudflats which don’t naturally have mangroves to act as a buffer from storms. 
      • Destroying grasslands and open natural ecosystems for solar parks.
  • Beyond compensation:
    • What this means is that in addition to livelihood impacts, biodiversity impacts, and hydrological impacts, the climate impacts of such development projects also cannot adequately be ‘compensated’ by compensatory afforestation.

Significance of Natural Ecosystem & way ahead

  • Carbon sequestration: 
    • Research has found that natural ecosystems sequester more carbon.
  • No comparison with the Natural Ecosystem:
    • We have known all along that creating single-species plantations in, say, Haryana does not really come close to a natural sal forest lost to a development project in, say, Central Indian forests in terms of biodiversity, local livelihoods, hydrological services, and sequestered carbon.
  • Time consuming:
    • Of these, sequestered carbon recovers fastest under fast-growing plantations, but even then, it will take many decades before it approaches the level of carbon sequestered in a natural forest. 
Report findings on solar & wind power generationIPCC report findings:The IPCC report also found that the sole option (among those evaluated) with more mitigating potential than “reducing conversion of natural ecosystems” was solar power and that the third-highest was wind power.Conflicts with the solar parks & wind farms in India:Solar:Many solar parks in India have triggered conflicts with people living nearby because they render the land inaccessible and increase local water consumption.Wind:A 2018 study published in Nature Ecology & Evolution also found that wind farms in the Western Ghats had reduced the “abundance and activity of predatory birds, which consequently increased the density of lizards”. It concluded that “wind farms have emerging impacts that are greatly underestimated”.Choosing them over the conversion of natural ecosystems:However, the IPCC report also noted that “reducing conversion of natural ecosystems” could be more expensive than wind power, yet still less expensive than “ecosystem restoration, afforestation, [and] restoration”, for every GtCO2e.
Intergovernmental Panel on Climate Change (IPCC)An intergovernmental body of the United Nations (UN).Established by World Meteorological Organization (WMO) and United Nations Environment Programme (UNEP) in 1988.Membership: Open for all the members of the WMO and UN.Function of IPCC:It provides objective scientific information in order to understand human- induced climate change. It also covers natural, political & economic impacts of these anthropogenic climate changes and possible response options.IPCC does not carry out its own original research.It does not monitor climate or related phenomena itself.However, it conducts a systematic review of published literature and then produces a comprehensive assessment report.

Sharda Peeth

In News

  • Recently, Home Minister e-inaugurated Mata Sharda Devi temple near LoC in J&K’s Kupwara.

About

  • The Home Minister mentioned that the Indian government will make attempts to build a corridor to Sharda Peeth in Pakistan Occupied Kashmir, like the Kartarpur corridor, so that devotees can participate in the Shardha Yatra.

Sharda Peeth temple

  • Location: Sharda Peeth, a revered site for the Hindu community, is located in Neelum Valley in Pakistan Occupied Kashmir (PoK) across Teetwal village in Kupwara district of Jammu and Kashmir, along the Line of Control (LoC).
    • It lies right across the Line of Control in a small village, Shardi or Sardi, where the river Neelam (Kishanganga) converges with the Madhumati and Sargun streams.
  • Cultural Importance: The ancient temple of Sharda (also spelt Sharada or Sarada) is one of the 18 Maha Shakti Peethas and is considered to be the abode of Hindu Goddess Saraswati. 
    • The temple was also once regarded as one of the foremost centres of higher learning of Vedic works, scriptures and commentaries. It was considered to be at par with the ancient seats of learning at Nalanda and Takshila.
  • Sharda University: Close to the temple, the ruins of one of the world’s oldest universities can be found. It is believed that Sharda University had its own script known as Sharada and it had over 5,000 scholars and the biggest library.
    • Once upon a time, Sharda Peeth was considered the centre of knowledge in the Indian subcontinent, scholars from all over the country used to come here in search of scriptures and spiritual knowledge. 

 Kartarpur corridor

  • The Kartarpur Corridor was opened in November 2019, which allows Sikh devotees in India to visit Gurdwara Darbar Sahib near Lahore in Pakistan without requiring a visa. 
  • Village Kartarpur is located at the west bank of river Ravi where Sri Guru Nanak Dev Ji spent the last 18 years of his life. 
  • Gurdwara Dera Baba Nanak is about 1 km from the Indo- Pakistan border and on the east bank of River Ravi. To the west side of the river is located the town of Kartarpur, Pakistan. 
  • Gurdwara Sri Kartarpur Sahib falls in district Narowal of Pakistan, about 4.5 k.m. from the international border near the historic town of Dera Baba Nanak, District Gurdaspur, Punjab. 
  • The Indian part of Dera Baba Nanak – Sri Kartarpur Sahib corridor involves a 4.1 k.m. long four lane highway from Dera Baba Nanak to international border and a state of the art Passenger Terminal Building (PTB) at the international border. 
  • Dera Baba Nanak is a city situated in Gurdaspur district in the state of Punjab, India. Followers of Sri Guru Nanak Dev Ji built the town and named it Dera Baba Nanak after their great ancestor.

Vedic Heritage portal

In News

  • The Union Home Minister recently inaugurated the Vedic Heritage portal in New Delhi. He also inaugurated a virtual museum — ‘Kala Vaibhav’ — built by the Indira Gandhi National Centre for the Arts (IGNCA).

About 

  • Veidic heritage portal and a virtual museum — ‘Kala Vaibhav’ — built by the Indira Gandhi National Centre for the Arts (IGNCA).
  • The portal aims to communicate messages enshrined in the Vedas. It will help common people to have a general understanding about the Vedas. 
  • The portal will be a one-stop solution for the user, who would like to search any information regarding the Vedic heritage.
  • The audio visual recording  of four vedas have been uploaded on the Vedic Heritage portal. The portal has over 18 thousand mantras of the four vedas with a duration of over 550 hours. 

Indira Gandhi National Centre for the Arts (IGNCA)

  • Indira Gandhi National Centre for the Arts(IGNCA) was established in 1987 as an autonomous institution under the Ministry of Culture, as a centre for research, academic pursuit, and dissemination in the field of the arts.
  • IGNCA has a trust (i.e. Board of Trustees), which meets regularly to give general direction about the Centre’s work.
  • The Executive Committee, drawn from among the Trustees, functions under a Chairman.
  • Project ‘Mausam’ is a Ministry of Culture project to be implemented by Indira Gandhi National Centre for the Arts (IGNCA), New Delhi as the nodal coordinating agency with support of Archeological Survey of India and National Museum as associate bodies.

Sarus Crane

In News

  • Uttar Pradesh (U.P.) Forest Department has relocated a sarus crane, U.P. ‘s State bird, from Mandka village in Amethi to Raebareli’s Samaspur Bird Sanctuary.

About Sarus Crane

  • Scientific Name: Grus antigone

Features:

  • The Sarus crane is the world’s tallest flying bird.  The birds are predominantly gray, with long, pale red legs. Their naked head is red, as is their neck. 
  • Juveniles have buff feathers on their head and slightly darker plumage.

Habitat

  • The Sarus crane is known for its ability to live in association with humans, inhabiting open, cultivated, well watered plains, marshlands and jheels. These areas suit them well for foraging, roosting and nesting.
  • These birds nest on the ground. A bulky nest is formed from wetland vegetation. 
  • They are found in open wetlands in South Asia, seasonally flooded Dipterocarpus forests in Southeast Asia, and Eucalyptus -dominated woodlands and grasslands in Australia.

Distribution

  • Continents : Oceania, Asia.
  • Subcontinents: Southeast Asia, East Asia, South Asia.
  • Countries: Australia, Cambodia, China, India, Laos, Myanmar, Nepal, Pakistan, Viet Nam, Bangladesh.
  • In the Indian subcontinent, it is found in northern and central India, Terai Nepal and Pakistan. 
  • It was once a common site in the paddy fields of Uttar Pradesh, Bihar, Rajasthan, West Bengal, Gujarat, Madhya Pradesh and Assam. Their population is now on the decline in India, a majority of which are in Uttar Pradesh. 

Threats

  • Sarus cranes are threatened mainly by loss of habitat, due to drainage of wetlands, agricultural expansion and human development.
  • The use of pesticides, as well as collisions with wires, are important threats. 
  • Cranes are also commonly targeted by humans hunting and egg collecting. 

Conservation Status

  • They are classified as vulnerable (VU) on the IUCN Red list of threatened species.
  • Listed in Schedule IV of the Wildlife (Protection) Act 1972. 
Samaspur Bird SanctuaryIt is situated in the Rohaniya Development block of the Raebareli district, on Lucknow-Varanasi highway. It was created in 1987 with the aim of protection and conservation of the wetland with special emphasis to the local and migratory birds, conservation of their natural habitat including aquatic plants and animals.More than 250 varieties of birds can be seen here. Some of the birds come here from a distance of 5000 k.m. which include Greleg Googe, Pin Tail, Common Teel, Vision, Showler, Surkhab etc. Local birds include Comb Duck, Whistling Teel, Spot Bill, Spoon Bill, King Fisher, Vulture etc. Twelve varieties of fish are there in the lake at Samaspur.Migratory birds come from more than 5000 kilometers away to spend some time in pleasant weather.

BedaquilinE

In News

  • Recently, the Indian Patent Office rejected Johnson & Johnson’s attempt to extend its monopoly on manufacturing Bedaquiline  in India.

About

  • Bedaquiline is an oral  medication used to treat active tuberculosis. it is particularly used to treat multi-drug-resistant tuberculosis (MDR-TB) 
  • It has a unique mechanism of action, targeting the adenosine triphosphate (ATP) synthase enzyme of the TB mycobacteria.

J&J Patent

  • Bedaquiline is central to WHO ­recommended TB treatment regimens for which Johnson and Johnson holds patent .
  •  J&J  filed with the Indian patent office for evergreening of its patent on fumarate salt (a formulation salt of Bedaquiline), This  was challenged by TB survivors Nandita Venkatesan and Phumeza Tisile.
  • Evergreening is a strategy to extend the life of patents about to expire in order to retain revenues from them  by making multiple claims in its applications for patent extensions.
  • Indian Patent Office has rejected Johnson & Johnson’s attempt to extend its monopoly stating that the invention claimed was obvious and does not involve any inventive step, and is therefore non-patentable under Section 3(d) of the Patents Act.

India’s Patent Office

  • The Patents Act, 1970 is the legislation that  governs patents in India. It first came into force in 1972.
  • The Patents Act has been  amended in 1999, 2002, 2005, 2006 respectivelyThe Patent Act was amended  in 2005 to include product patents were extended to all fields of technology like food, drugs, chemicals and microorganisms. The Rules under Patent Act were also amended in 2012, 2013, 2014.
  • The Office of the Controller General of Patents, Designs and Trade Marks or CGPDTM is the body responsible for the Indian Patent Act.
  • The Patent Office has its headquarters in Calcutta and has branches in New Delhi, Chennai and Mumbai.
  • The Controller General supervises the Act’s administration and also offers advice to the government on related matters.

Challenges of the Indian Patent Regime: 

  • Complex system : Indian patent Regime is burdened with long waiting times for patents,unclear instructions regarding what can be patented reporting requirements, and data safety..
  • Compatibility: One of the main points of contention between India and the U.S. has been Article 3(d) of the Indian Patent Act.
    • Section 3 deals with what does not qualify as an invention under the Act.
    • Section 3(d) in particular excludes the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance.
    • Section 3(d) prevents what is known as “evergreening” of patents.  
  • Judicial delays: The 2015 Commercial Courts Act offered an opportunity to reduce  delays and increase expertise but only a limited number of courts have benefited under the Act.
    • Jurisdictional challenges are reducing the courts’ effectiveness and courts are also suffering due to inadequate resources and training. 
  • Intellectual Property Appellate Board (IPAB): the overall scrapping of IPAB, which efficiently had been dealing with proceedings involving complex IPR issues, may create a void in the appellate resolution of cases leading to their shift to Commercial or High Courts thereby increasing pendency of cases.

Way forward/ Suggestions:

  • A world compatible IP regime is necessary for innovation.India can utilise The Doha Declaration on the TRIPS Agreement and Public Health to ensure that India does not sacrifice   public utility for compatibility.
MultiDrug Resistant TBMycobacterium tuberculosis,the bacteria that cause tuberculosis (TB) can develop resistance to the antimicrobial drugs used to cure the disease. Multidrug-resistant TB (MDR-TB) is TB that does not respond to at least isoniazid  and rifampicin, the 2 most powerful anti-TB drugs. Most people with TB are cured by a strictly followed, 6-month drug regimen that is provided to patients with support and supervision. Inappropriate or incorrect use of antimicrobial drugs, or use of ineffective formulations of drugs (such as use of single drugs, poor quality medicines or bad storage conditions), and premature treatment interruption can cause drug resistance, which can then be transmitted, especially in crowded settings such as prisons and hospitals. Extensively drug-resistant TB, XDR-TB, is a rare type of multidrug-resistant tuberculosis (MDR TB) that is resistant to isoniazid and rifampin, plus any fluoroquinolone and at least one of three injectable second-line drugs (i.e., amikacin, kanamycin, or capreomycin). It has been reported in 1117 countries worldwide. 

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