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Friday, December 2

Editorial Round-Up (02.12.16)







Checking Conflict of Interest (EPW)

Issue: An ex-Gujarat minister's private investments while in public office has highlighted the need for a law.

Paper: GS IV; Topic: Probity, Dedication to Public Service, etc.

Transparency International defines CoI as situations in which an individual or an entity for which she or he works, be it a government body, a business organisation, a media group or a civil society organisation, is “confronted between choosing between the duties and demands of their position and their own private interests.

A recent investigation by the Indian Express has revealed how Saurabh Patel, a well-connected former minister in the Gujarat government, and his family members had been merrily making investments in private firms linked to the sectors he was in charge of, namely, energy and petrochemicals.

This has drawn attention to the pressing need to enact a new law to check conflicts of interest and strictly enforce existing service rules that apply to government officials.

Notable instances of Conflict of Interest:

One-time administrator of the Board of Control for Cricket in India N Srinivasan was questioned for holding his charge even as he was the owner of a franchise.

Baba Ramdev has been appointed “brand ambassador” of the government of Haryana while products manufactured by a company with which he is closely associated are being purchased by the same state government.

Perhaps the most egregious example of CoI in India was in April 2015 when Prime Minister Narendra Modi had to personally intervene to ensure that Bharatiya Janata Party MP Shyama Charan Gupta stayed away from the proceedings of a parliamentary committee that was discussing the question of enlarging pictorial warnings on packages of tobacco products. Gupta, who like Nationalist Congress Party bigwig Praful Patel has major interests in the beedi trade, had claimed that there had been no study in India linking tobacco use to cancer!

Towards a law on Conflict of Interest:

In February 2014, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice had recommended an amendment to the Prevention of Corruption Act to include issues relating to CoI. The short point is that there is nothing in the laws of the land at present that could result in the likes of former Gujarat minister Patel being charged for investing in private companies that may have benefited from his position in the state government.

In July 2014, soon after he became Prime Minister, Modi had himself presented a 17-point agenda to his party MPs, one of which suggested that there be mandatory disclosures of possible clashes of interest by elected representatives and civil servants in the manner in which company directors are required to disclose their interests in related corporate entities. It is about time the Prime Minister acted on his own recommendations to ensure that public officials do not get opportunities to act against the interests of the people by subverting decisions and policies.


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Treat, Do Not Shame (EPW)

Issue: The law addressing the needs of people afflicted with HIV/AIDS needs to be enacted urgently.

Paper: GS II; Topic: Health

Statistics:

India is home to 21.17 lakh persons living with HIV (2015).

Of these, 6.54% are children and 40.5% are women.

86,309 persons have contracted HIV and an estimated 67,612 AIDS-related deaths have occurred in 2015.

Problems faced by those afflicted with HIV/AIDS:

The stigma, shame, and moral judgment attached to HIV/AIDS (equating the disease to sexual promiscuity and deviance) have added to the problems associated with treating those afflicted with the disease.

Many HIV patients across the country regularly face acute drug shortage.

For women (whether they are HIV-positive, or have partners who are HIV-positive), the situation is particularly fraught as they face problems accessing treatment and prevention programmes. Their families, on whom they are invariably financially dependent, are unsupportive. They also have to face social normativity that judges their “morals” and “character,” and the insensitive and moralistic attitudes of healthcare workers.

Legislation: Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill, 2014, is scheduled to be tabled in the ongoing winter session of Parliament.

Government emphasises that with this bill it seeks to “prevent and control the spread of HIV and AIDS” and arrest “new infections … thereby achieving the target of ‘Ending the epidemic by 2030’ according to Sustainable Development Goals.”

Critical Evaluation of some of the provisions of the above bill:

Right to free and complete treatment: HIV/AIDS activists have long demanded amendments to the bill, especially Clause 14, which deals with the state’s obligations towards providing treatment. They have lobbied for the right to free and complete treatment. The amended bill, however, stops short of this by stating that the state shall take measures to provide “as far as possible, diagnostic facilities relating to HIV or AIDS, Anti-retroviral Therapy and Opportunistic Infection Management to people living with HIV or AIDS.” Activists point out that the phrase “as far as possible” suggests the state’s abrogation of its obligation. Having the right to free and complete treatment is critical, they say, especially as many HIV patients across the country regularly face acute drug shortage.

Sensitization of Healthcare Providers: Another shortcoming in the bill is that while it mentions promotion and dissemination of “HIV and AIDS related information, education and communication” among patients and the general populace, it does not recommend that healthcare providers be trained and sensitised to the nature of the disease and the needs of the disease-afflicted. This is essential as sensitive healthcare providers are indispensable to the ease of access to treatment and prevention programmes for HIV/AIDS.

Strategies for high-risk population: The only place where the categories of sex workers, men who have sex with men, and injection drug users are mentioned (no mention of transgender women here at all) is as illustrations for Clause 24 relating to Promotion of Strategies for Reduction of Risk. Only time will tell whether or how this bill will help these high-risk populations.

Last Word: HIV/AIDS should not be looked at in isolation from the healthcare system in the country. In the long run, only a comprehensive universal healthcare system will provide for equitable access and care to all, including those with HIV/AIDS.



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