Sunday, August 23, 2020

Vaccine Nationalism: The Ethical Conundrum in the age of Global Pandemic

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Hardi Talwani

Article Title

Vaccine Nationalism: The Ethical Conundrum in the age of Global Pandemic

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Global Views 360

Publication Date

August 23, 2020

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COVID-19 Vaccine Race

COVID-19 Vaccine Race | Source: Alfredo Martirena via Cartoon Movement

O People! Make way for the latest horrendous development of the infamous year 2020. We have straight out of the oven, the freshest item on the menu of ethical conundrums “Vaccine Nationalism”.

It seems like the cure is as dangerous as people dying of the COVID-19. Currently, according to the WHO, six vaccines have reached phase 3 trials, while 25 vaccines are in the clinical evaluation phase and 139 in pre-clinical evaluation.

COVID-19 Vaccine Nationalism | Marian Kamensky via Cartoon Movement

When the pandemic hit different parts of the world, the first response of the humans was to attack supermarkets and hoard loads of groceries (yes, toilet papers too). Vaccine Nationalism is just analogous to hoarding toilet papers, except, it’s just a phenomenon that occurs when rich countries pay for vaccines in advance and hoard them. Don’t worry politicians are not doing what they did not promise: remember ‘America first?’ and ‘India first?’

A global initiative by WHO – ACT (Access to COVID-19 Tools) Accelerator- aims at a cumulative process of R&D, manufacturing, regulatory, purchasing and procurement needed to fight against COVID-19. Unfortunately, the USA, Russia, India, and China did not receive the initiative with much-needed enthusiasm. The WHO also came up with another program called COVAX facility, that aims to provide 2 billion doses of vaccine by the end of the next year for middle and low-income countries.

Source: Brandon Reynolds via BusinessDay

The US compared its operation ‘Warp speed’ to the oxygen masks dropping during the flights. Russia tried to jump ahead, attempting to create a Sputnik moment. Russian President announced Russia curated the first COVID-19 vaccine called Sputnik V. The vaccines are still under trials and need much more necessary testing to work. Safe to say, Russia’s plan backfired earning them international scorn.

Vaccine nationalism will lead to global dysfunction. Rich countries will benefit as they can bid for the vaccine at high prices. Such high prices will lead to a disaster for the low-income countries, adding to their already deficient health care. These desperate countries will have no choice but to buy vaccines driving their economies in an even worse condition. Additionally, a single country having a vaccine will not help the problem in any way at all. Some nations have already gambled their chances of acquiring vaccines by speaking against other countries.

The unethical practice of Vaccine Nationalism is not at all unexpected. A bid against humanity is not entirely new. Similar responses were noted in 2009 when the world H1N1 flu crisis hit. Australia came up with a vaccine and sold 6,00,00 doses to the USA, blocking the exports to other countries. Once the effect of flu started diminishing, rich countries donated the vaccines to low-income nations. A similar situation happened in 2014 when the EBOLA crisis hit.

Politics aside, scientists are staying out of it and trying to work together for greater good. Instead of publishing research papers they are working collaboratively throughout the world. We must not forget that finding a cure or a significant role can earn a lot of scientists, assets, reputation, and promotions. Some lure away and are suspicious of sharing their work as well.

Rabindranath Tagore’s Portrait | Source: Wikimedia

When the search for a vaccine against such deadly disease mutates into a naked display of Vaccine Nationalism, Indian Nobel Laureate Rabindranath Tagore’s view on nationalism becomes an antidote. He believed in an idea of nationalism without borders. Tagore once described in a letter to his friend AM Bose that “the value of patriotism can never be greater than the value of humanity.”

It is a human tendency to compete and nature supports the fittest. How fit is it though to use strong nations’ ability to bully other unequipped nations? How generous is it to help others when they don’t even need help anymore? How ethical and moral is to block vaccine procurement for other countries for monetary and economic benefits?

These are some of the questions lost in the drumbeats of Vaccine Nationalism which is echoing across the continents. It's high time that concerned citizens should demand answers from their respective government to come clean on the real motive behind the call for developing a vaccine for global pandemic in a silo, when it actually needs global cooperation.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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