Content:
- Is the World Trade Organization still relevant?
- India to explore options it has ‘never considered’ under Indus Waters Treaty
- SC gives approval for UGC rules to fight caste-based bias
- Supreme Court to examine concerns on POCSO clause
- DCGI urged to lay down stringent guidelines on use of new antibiotics
- The mosquito effect: how malarial chaos influenced human history
Is the World Trade Organization still relevant?
Context : Decline in WTO’s Functions and Relevance
- WTO was created for negotiations, dispute settlement, and trade monitoring—none of which are functioning effectively now.
- Doha Round (2001) negotiations collapsed; only the fisheries agreement has been partially concluded.
- Dispute Settlement Mechanism (DSM) is defunct due to U.S. blocking judge appointments to the Appellate Body.
- Trade monitoring is weak due to lack of transparency and cooperation from major members.
Relevance : GS 2(International Relations)
United States and WTO: Systemic Undermining
- U.S. began unilateralism with Trump’s “reciprocal tariffs,” continuing under Biden (e.g., Sections 232 & 301).
- U.S. grievance: it liberalized tariffs more than others (like India), expecting reciprocity which didn’t follow.
- WTO accused of “legislating from the bench” via DSM, raising U.S. concerns about sovereignty.
- There’s a bipartisan consensus in the U.S. that MFN (Most-Favoured-Nation) hasn’t served its interests.
MFN Principle & Rise of Bilateralism
- MFN, the foundation of WTO (Article I of GATT 1947), is being eroded.
- Rise in Free Trade Agreements (FTAs) reflects global shift from multilateral to bilateral trade deals.
- WTO has failed to scrutinize FTAs rigorously, weakening multilateralism further.
India’s Position and Resistance
- India has opposed deals on agriculture, public stockholding, fisheries subsidies, etc., citing domestic sensitivities.
- WTO’s cap on agri subsidies (10%) seen as unfair given U.S./EU historical subsidies.
- India prefers discussing labour/environment standards bilaterally rather than at WTO, for flexibility and control.
China’s Entry and Global Trade Impact
- China’s WTO accession underestimated: WTO rules couldn’t prevent market flooding or ensure reciprocal access.
- WTO failed to foresee or regulate excess capacity, e.g., China’s steel and cement overproduction.
- China’s actions, though not violating WTO rules per se, undermine the spirit of fair trade.
Structural and Procedural Flaws
- Consensus-based decision-making is a bottleneck; reforms are blocked by even two opposing members (e.g., India & U.S.).
- WTO lacks enforcement power to compel members to disclose trade measures or adopt reforms.
- EU’s proposal for alternative arbitration system has not gained traction globally.
Conclusion: Is WTO Still Relevant?
- WTO is not dead but comatose — functioning in form, not substance.
- It can’t prevent trade wars or economic crises in its current state.
- Relevance depends on major reforms in rules, dispute resolution, and decision-making processes.
India to explore options it has ‘never considered’ under Indus Waters Treaty
Background of the Indus Waters Treaty (IWT)
- Signed in 1960 between India and Pakistan with World Bank mediation.
- Allocated:
- Eastern Rivers (Ravi, Beas, Sutlej) to India.
- Western Rivers (Indus, Jhelum, Chenab) largely to Pakistan, with India having limited rights (non-consumptive use, run-of-the-river projects).
Relevance : GS 2(International Relations)
Current Trigger
- India’s response to the Pahalgam terror attack (2024).
- Decision to place the IWT “in abeyance”—an unprecedented step.
- Official letter sent to Pakistan citing “sustained cross-border terrorism” as justification.
Possible Measures India May Explore
- Withdraw from talks on evolving a new dispute resolution mechanism.
- Redesign hydroelectric projects to enable greater water storage, increasing India’s control over flow.
- Use of “draw down flushing” in reservoirs to manage sedimentation, but may also impact downstream flow.
- Consider options never used before, possibly referring to legal, technical, and geopolitical tools.
India’s Rationale
- India has so far acted as a “responsible upper riparian state”.
- Post-Uri (2016), similar options were not considered; this time could be different.
- The move is presented as a retaliatory, non-military countermeasure to terrorism.
Strategic Implications
- Ceasing hydrological data sharing and project notifications to Pakistan.
- No meetings of the Permanent Indus Commission since 2022.
- “Weaponizing water” is currently not possible under the treaty, unless India unilaterally exits or violates it.
- Technical and geographical constraints could make such changes economically intensive and long-term.
Challenges and Considerations
- Techno-economic feasibility: Mountainous terrain, cost of new infrastructure.
- International legal ramifications: Unilateral treaty abrogation could attract criticism and diplomatic pressure.
- Environmental and downstream impact: Changes in flow may affect both Pakistani agriculture and Indian ecology.
Conclusion
- India’s move signals a major policy shift in its traditional stance on IWT.
- If implemented, it marks a new dimension in India-Pakistan relations, using water as leverage in geopolitical strategy.
- Long-term planning, legal clarity, and international engagement will be key if India pursues this route.
SC gives approval for UGC rules to fight caste-based bias
Context and Background
- The case was filed by the mothers of Rohith Vemula and Payal Tadvi, two students from marginalised communities who died by suicide allegedly due to caste-based discrimination.
- The plea sought to stall the notification of the UGC’s 2025 Regulations until the National Task Force (headed by former SC judge Ravindra Bhat) submits its recommendations.
Relevance : GS 2(Social Justice)
Supreme Court’s Position
- Did not stall the notification of the 2025 UGC Regulations.
- Took a “middle path”:
- Allowed the 2025 Regulations to be notified.
- Directed that the Task Force’s work would continue independently.
- Any gaps (“lacunae”) in the 2025 rules could later be amended based on the Task Force’s findings.
- Petitioners granted liberty to approach the court again once the Task Force report is ready.
Arguments Presented
- For petitioners (Indira Jaising):
- Pointed out “grey areas” in the draft 2025 Regulations, especially around caste discrimination.
- Requested that existing 2012 Regulations remain in force until the Task Force submits its report.
- For the government (Solicitor-General Tushar Mehta):
- Objected to any delay; said the process of finalising the Regulations was already under way.
- Stressed that the new Regulations would be more stringent and would empower UGC to penalise non-compliant institutions.
Role of the National Task Force
- Set up in March 2025 by the SC to address:
- Mental health issues of students.
- Caste/religion-based discrimination.
- Suicides and systemic biases in higher educational institutions.
- Tasked with submitting comprehensive recommendations.
- Its findings will be used to revise or augment the 2025 Regulations if necessary.
Key Provisions of Draft UGC Regulations (2025)
- Aimed at promoting equity in higher education institutions.
- Empower UGC with disciplinary authority, including:
- De-recognition of institutions failing to curb discrimination.
- Intended to strengthen anti-discrimination frameworks, particularly for SC/ST/OBC and minority students.
Significance
- The case represents an important intersection of legal, educational, and social justice issues.
- Marks judicial backing for regulatory reforms while keeping room for future policy improvements.
- Acknowledges the persistence of caste-based bias in academia and the need for structural change.
Supreme Court to examine concerns on POCSO clause
Context and Background
- Section 19 of POCSO Act (2012) mandates reporting of any sexual activity involving minors (below 18), even if consensual.
- The age of consent was raised from 16 to 18 years with the enactment of the POCSO Act.
- The provision criminalises all sexual activity involving adolescents, regardless of mutual consent.
Relevance : GS2 (Governance, Vulnerable Sections, Health).
Issue Raised
- Senior Advocate Indira Jaising (amicuscuriae) argued that:
- Voluntary sexual activity between adolescents is being criminalised.
- This undermines reproductive and mental health rights, especially of girls.
- Parents, doctors, and guardians are punished for not reporting, even if acting in the best interests of the minor.
- Medical professionals are forced to report to police even when adolescents seek care voluntarily , leading to:
- Reluctance to seek help from formal health systems.
- A shift to unqualified quacks, endangering adolescent health.
Key Legal Tension
- Intention of Section 19:
- Ensure timely state intervention and protection of children from sexual offences.
- Unintended Consequences:
- Criminalisation of consensual adolescent relationships.
- Violation of right to health and privacy.
- Deterrent to seeking medical and psychological care.
Broader Implications
- Brings focus on the gap between law and adolescent realities.
- Raises questions about:
- Need for reform in the age of consent laws.
- Balancing child protection with bodily autonomy and health rights.
- May influence future legal reforms or judicial interpretation of POCSO provisions.
DCGI urged to lay down stringent guidelines on use of new antibiotics
Context
- India is set to introduce two new, powerful antibiotics:
- Cefiderocol
- Cefepime-zidebactam
- Concerns raised over misuse and irrational prescription of such last-line antibiotics without regulatory safeguards.
Relevance : GS 2(Health ) ,GS 3(Research)
Key Concern
- Ceftazidime-avibactam, already in the Indian market since 2018, is:
- A last-line antibiotic meant for carbapenem–resistant gram-negative infections.
- Now losing efficacy due to overuse and misuse, even in community settings.
- Aztreonam is often combined with it to overcome resistance — but now even this combination is facing resistance.
Gaps in Regulation
- The DCGI has:
- Licensed the drug.
- Provided indications for its use.
- However:
- No strict regulatory pathway exists.
- No enforcement against mis-prescription.
- No antibiotic stewardship framework mandated.
Expert Appeal
- Dr. Abdul Ghafur, AMR Declaration Trust, has:
- Written to the DCGI urging strict control mechanisms.
- Warned that education alone is insufficient — regulatory action is essential.
- Called for use only where no other alternatives exist.
AMR Threat
- Antimicrobial Resistance (AMR):
- Already a critical health threat in India.
- Past gains (e.g., ban on colistin in poultry) risk being nullified by uncontrolled antibiotic use.
- India risks losing last-line treatments if AMR continues unchecked.
Proposed Action Points
- DCGI should:
- Establish clear prescription protocols.
- Monitor and restrict availability to specific hospital settings.
- Integrate these drugs into a national antimicrobial stewardship program.
- Mandate prescription audits and penalties for misuse.
The mosquito effect: how malarial chaos influenced human history
Historical Understanding of Malaria
- Miasma theory: Malaria was historically believed to be caused by “bad air” from marshes.
- Scientific breakthrough:
- 1880: Alphonse Laveran identified the parasite in human blood.
- 1885-86: Golgi & Celli showed cyclical nature of fever.
- 1892: Marchiafava distinguished Plasmodium falciparum.
- 1894: Manson hypothesized mosquito transmission.
- 1897: Ronald Ross found the parasite in Anopheles mosquito (avian malaria).
- 1898: Grassi linked human malaria to female Anopheles, completing the understanding.
Relevance : GS 2(Heath) ,GS 3(Science)
Malaria’s Impact on Colonial History
- High mortality barrier:
- European colonisers suffered 500 deaths per 1,000 soldiers annually; >60% in inland Africa.
- Until 1870, only 10% of Africa under colonial control; mostly coastal due to disease risk.
- Health deterring governance: First three choices for Governor of Gold Coast declined due to malaria; fourth died in a month.
- Shift post-1880s:
- Malaria knowledge empowered European empires.
- Post-Berlin Conference (1884), “Scramble for Africa” escalated.
- By 1914, 90% of Africa was colonised — aided by mosquito control knowledge.
- Disease-prevention strategies:
- Drainage of swamps, high-altitude hill stations, segregation of European settlements.
- Institutionalised racial hierarchies — Africans perceived as disease carriers.
Socio-Economic and Racial Implications
- Quinine and colonisation:
- Quinine enabled European survival and governance.
- Harvested from Cinchona tree; guided use after 1880s discoveries.
- Slave trade and malaria resistance:
- Africans with partial genetic resistance to malaria (e.g. sickle cell trait) were favoured labour in the Americas.
- Priced higher than Europeans; reinforced racialised labour economy.
- Long-term effects:
- Shaped racial hierarchies, contributed to scientific racism.
- Influences modern-day racial inequalities in health and labour systems.
Modern Advances & Persistent Challenges
- Treatment evolution:
- From quinine to chloroquine to artemisinin-based therapies.
- RTS,S malaria vaccine offers hope but has limited coverage.
- Preventive tools:
- Insecticide-treated nets (ITNs), indoor residual spraying.
- Environmental integration:
- Malaria control now part of environmental assessments.
- Deforestation, water stagnation, and climate change exacerbate mosquito breeding.
Current Global Malaria Burden
- WHO Report 2024 findings:
- ~263 million people affected annually.
- 600,000 deaths per year; Africa accounts for 95% of mortality.
- Ongoing public health threat:
- Despite progress, malaria remains a major global health issue.
- Urgent need for sustained investment and global coordination.
Dual Legacy of Scientific Discovery
- Positive: Enabled life-saving treatment and global disease control strategies.
- Negative: Facilitated colonial expansion and racial exploitation.
- Lesson: Science must be ethically guided to avoid misuse and unintended social harm.
