Feedback submitted to MoHFW on draft Health Data Management Policy (HDMP) -with related aspects of the National Digital Health Mission (NDHM)

Click here to see the pdf of the submission AIPSN2MoHFW-on-NDHMDataPolicy2020unsd

ALL INDIA PEOPLE’s SCIENCE NETWORK (AIPSN)

Regd. No. PKD/CA/62/2020.

AIPSN Central Secretariat,                                                    E-mail: gsaipsn@gmail.com

o/o Tamil Nadu Science Forum                                              Ph: 094429 15101

6, Kakkathoppu Street, MUTA Building,                              Twitter: @gsaipsn

Madurai-625 001-Tamil Nadu                                                website: https://aipsn.net

 

President:                               General Secretary:                                        Treasurer:

Dr. S.Chatterjee                    Prof. P.Rajamanickam                                 Dr.S.Krishnaswamy

                                                                                                                                    19.9.2020

To

Feedback on NDHM policies

National Health Authority

Ministry of Health and Family Welfare

9th Floor, Tower-l, Jeevan Bharati Building, Connaught Place,

New Delhi – 110 001

e-mail address: ndhm@nha.gov.in

 

Sir,

Sub: Comments and feedback on NDHM policies

Ref: Draft Health Data Management Policy

https://ndhm.gov.in/stakeholder_consultations/ndhm_policies

 

Following the extension of the notice period for draft Health Data Management Policy till 21st September, we offer the following response to draft Health Data Management Policy (HDMP)

-with related aspects of the National Digital Health Mission (NDHM) for your consideration and also insist that the responses received and discussions be placed transparently in a public accessible website.

Do acknowledge receipt of this response.

Thanking you in anticipation and with regards

 

Yours sincerely

P.Rajamanickam

General Secretary, AIPSN

 A Network of 40 People’s Science Movements working in 25 states

 

————————————-

Response to draft Health Data Management Policy (HDMP)

-with related aspects of the National Digital Health Mission (NDHM)

 

 

  1. Extend the date for comments:

The period given for public responses to the Draft HDMP has been extremely short, making any intensive and detailed consultation with different stakeholders especially under constraints of Covid-related restrictions virtually impossible. The All India Peoples Science Network (AIPSN), arguably the largest civil society organization in science and technology, at the outset calls for an extension of the last date for comments at least to end of November, 2020 if not later. Further, Draft HDMP cannot be discussed in isolation, without also discussing the National Digital Health Mission (NDHM) announced by the PM as late as 15th August this year and the Personal Data Protection Bill (PDPB) 2019 which is still under discussion in Parliament.  The current effort seeks to rush through a number of policies without due consultations with States, health providers or specialized digital health experts. The lack of such consultation shows up in many weaknesses and inconsistencies in the draft HDMP which require much deeper debate. Nevertheless, AIPSN offers some preliminary comments within the current deadline of 21st September 2020. If MoHFW extends the last date, AIPSN may submit a fresh and more detailed Response.

 

  1. Discuss only along with National Digital Health Mission:

AIPSN notes that the HDMP is a subset of the NDHM, documents related to which became available barely two weeks ago. Public comments and discussion of the HDMP should include a discussion on the NDHM which itself has several serious flaws with direct impact on HDMP.  There are also significant areas where these two policy documents are not aligned, notably with respect to PDPB and many key features and assurances.

 

  1. Discuss only along with Personal Data Protection Bill 2019:

It is shocking that the HDMP makes no mention of the Personal Data Protection Bill 2019 currently before Parliament. It is simply not possible to discuss, leave alone adopt, a policy dealing with health data of citizens without adequate safeguards for such data which is the very subject of that Bill. It is essential that HDMP be discussed and adopted only after adoption of the PDPB. Government should also be interested in avoiding any impression that the HDMP seeks to evade or circumvent provisions of that Bill.

 

  1. Unaccountable and arbitrary governance by the Executive:

The HDMP section on governance needs to be rejected outright and comprehensively re-written.  In its current formulation (Section 6, p.6), HDMP would be governed by structures and rules created from time to time by the National Health Authority (NHA). The NHA, despite its name, has not been created through an Act of Parliament unlike the National Highways Authority or Telecom Regulatory Authority. It was created as the National Health Agency in 2017 for the sole purpose of managing the PM Jan Arogya Yojana (PM-JAY), and later declared an “authority” by a Cabinet order and placed under Niti Aayog. Thus HDMP governance now stands to be an executive or departmental function, each policy or action is subject to change at any time by executive order, and rights described in HDMP would not be legally enforceable by citizens. The Aadhar experience has shown how a policy that began with assurances of voluntary participation gradually became a mandatory requirement by a series of executive orders. Further, NHA creates a government appointed Data Protection Officer who will have wide ranging and ambiguous powers. In the HDMP, both the Ministry of Health & Family Welfare (MoHFW) and Ministry of Electronics & Information Technology (MEIT) are marginalized, and therefore so is all parliamentary scrutiny. However, the NDHM policy document visualizes the legal and regulatory framework as part of the functions of MoHFW and MEIT, and not of the NHA. The NDHM also has a Mission Steering Group and Empowered Committee which are not mentioned in HDMP. The governance provisions of HDMP also do not match those proposed in the Personal Data Protection Bill which calls for a separate legally mandated Data Authority, with which the NDHM document in turn promises to align. Clearly, the governance structures and mechanisms of HDMP are arbitrary, unaccountable and subject to executive whims, not aligned with either NDHM or PDPB, and hence completely unacceptable.

 

  1. Need for Legislation:

It is necessary that the National Health Authority and its mandate to manage the NDHM and the HDMP should be secured in appropriate legislation passed by Parliament after the Personal Data Protection Bill is enacted.

 

  1. Not fit for purpose:

Another major issue with governance of HDMP, and of NDHM, is that the “fit for purpose” of all the digital health data collected and processed, and how these relate to the broader health ecosystem, are inadequately addressed. Health data digitization and management is viewed in HDMP as a stand-alone purpose, which may serve the interests of the telecom, data, corporate health and insurance industries, but it is not clear how this will enable  better access to, or quality of, public health services, or how this would improve health outcomes for citizens with dignity and privacy.

 

  1. HDMP focus is individual data not public health informatics:

Flowing from this, HDMP engages only with personal health data records in its objectives (Section 3, p.2). There is no objective relating to disease prevalence, infection control (even at the time of a huge pandemic), morbidity and mortality estimates, or expenditure on healthcare etc. Thus the entire exercise is focused only on individual case management as is applicable to an insurance company or health management organization. The NDHM strategy document does mention public health outcomes, but predominant focus is still on individual health data, which may have salience for pharma and insurance companies or health management institutions, but not on informatics for public health. Information of public health importance could theoretically flow out of individual digital health records, but experience in India shows that this does not reflect reality due to a number of structural barriers. Such data collection, processing and linkage with a public health system requires very high levels of investment and technical capability in the Indian environment of highly atomized and often non-institutional health care encounters.  For most of India’s population, the absence of a digital health data file which contains, to quote the PM’s Independence Day speech, “details of every test, every disease, the doctors you visited, the medicines you took and the diagnosis,” is not the critical problem. Getting a proper and affordable consultation in a public health facility, being able to pay for medicines prescribed, getting a bed in an affordable facility, these are day-to-day challenges. Once again, the public health utility of the proposed digital health data system, and the huge amount of funds required for it, are highly questionable.

 

  1. Illusory power of data principals:

HDMP’s framework on consent of individuals (data principals) regarding their personal health data (Section 3) contains assurances that cannot be taken seriously. For example, it is stated that “data principals would have complete control and decision-making power over the manner in which personal or sensitive personal data associated with them is collected and processed further.” However, given the high levels of information asymmetry (i.e. that there is a big gap in knowledge between citizens and data professionals about health data, their uses and implications for patient confidentiality) even most educated middle class persons would not be able to exercise such control. Further, persons seeking healthcare have high vulnerability, would be in no position to bargain over their data rights, nor would it be possible even for those collecting data to inform them adequately of such rights.  Contradicting itself in a later section, the right of data principals to erase their health data is so highly restricted and so conditional in HDMP that, in practical terms, there is a total loss of control over one’s data.

 

  1. No need for unique health ID with problematic scope:

The need to create a unique health ID and the scope of such a health ID, as prescribed in HDMP are both highly problematic. Although a bland assurance is given that lack of this Health ID cannot be a basis for denial of healthcare, this assurance is far from convincing, given past experience with Aadhar and the Aarogya Setu App. An ID is made essential for all heath care users, health providers, professionals, facilities and data operators to be part of the scheme. And once insurance schemes and healthcare providers move to this platform, all access to publicly financed healthcare would become inaccessible without such a platform and ID. When the current standards of practice are that patients with life-threatening illnesses are being denied treatment due to the lack of an Aadhar card, it would be foolish to believe that this ID will not be mandatory in one form or another. The stated uses of a unique health ID, like portability of personal health information, can just as easily be achieved with any of the many existing IDs. It is to be noted that the NDHM strategy document also clearly states that “all government health programmes… are required to integrate with the service and issue Health IDs as part of their programs. This will ensure that health information from visit to public health facilities and those being captured across various health programs like RCH, NIKSHAY, NCD, PMJAY will be included in the patients’ longitudinal health record.” This clearly shows that the Health IDs are meant to be system-wide and compulsory in practice.

 

  1. IT System(s) problems:

It is common these days to see considerable enthusiasm in government programmes for digital data and IT data processing and management systems, almost as if by their mere introduction, they would provide a panacea to solving all our problems! Unfortunately, there is little attempt to critically review or reflect upon the rather mixed experience so far. In this light, while it is welcome that HDMP talks of open source software and open standards, it does not reflect on the sobering fact that these have been MEIT policy for two decades now, and yet India is no closer to its realization. The HDMP itself calls for compliance with standards like Snomed-CT which, irrespective of merits, is not open standard at all, and is closely wedded to healthcare digitization practices in the US. Similarly, while there is much brave talk of inter-operability and federated structures, there is little understanding or discussion of why India currently has dozens of parallel IT systems in the Centre and in the States. Most of these IT systems are sub-functional or dysfunctional, completely unable to talk to each other, and often have vendor lock-ins which has been a roadblock to future development. Neither the NDHM strategy nor the HDMP show awareness of these and other risks including, for example, the marketing practices of private sector vendors, or the duplication and fragmentation of data.

 

  1. No Penalties, weak grievance redressal:

There is no clarity in HDMP or NDHM as to what penalties would be incurred or compensation provided if and when citizens’ rights are violated, or how violations can be traced. The accountability of data management firms provided for is essentially that they would be de-empanelled, but this would not be easy, when they hold health records of a large proportion of the population. The grievance redressal mechanisms in HDMP are also extremely weak.

 

  1. Dangers of State Surveillance and growing authoritarianism:

There is growing danger in India from the increasing resort to gathering and storing of citizens’ data through various means, including through often mandatory digitization of citizens’ access to government services, all in the name of either greater efficiency of service delivery or national security. The extreme centralization of such data and the lack of transparency and accountability regarding use of this data especially by security agencies have heightened fears of enhanced and dangerous state surveillance of civic life, especially in the context of growing authoritarian trends in the country. So, even though the Health ID and personal health data are not really a priority or even irrelevant for public health needs as discussed above, they can be used for surveillance purposes. The repeated assertion in the NDHM Strategy that all registries and other master databases of NDHM will be built as “Single Source of Truth” on different aspects and backed by strong data governance is a matter of great concern. Countries with longer and arguably stronger liberal traditions have consciously insisted on multiple sources of identity and information, precisely in order to protect citizens from capture of knowledge by centralized executive power. Conversely, erasure of data from a centralized data base could lead to a total destruction of all identity, entitlements and rights. These anxieties require to be addressed.

 

  1. Opening pathways to corporate Profits:

HDMP enables and enhances corporate profits in five significant ways:

  1. immediate beneficiaries are IT companies who would get large new lucrative contracts.
  2. IT industry in general also benefits through data mining and commercialization of personal and aggregate health data.
  • digital health care corporates such as e-pharmacies, related e-retailers, e-consultations and prescriptions, e-diagnostics would benefit by obtaining increasing share of retail healthcare.
  1. insurance companies would benefit enormously by obtaining personal health information, targeting consumers of insurance products, and adjusting premiums, etc.
  2. perhaps the main danger is the space and opportunity opened up in India for multinational health management organizations and healthcare corporates to penetrate the Indian healthcare industry. There is already a fairly high flow of FDI into the hospital and insurance sector following gradual and diminishing controls. NDHM and HDMP now enable corporate penetration into the primary and secondary healthcare segment, and that too in Tier-2 and Tier-3 towns and cities by a process of aggregation and consolidation of small-scale providers on one hand, and increasing restriction of public providers to residual health care on the other. In other words, public providers would be limited to providing care only for those disease conditions and those people that the private sector is not interested in.

 

 

For clarifications contact:

  1. Rajamanickam 9442915101 T. Sundararaman 99874388253  D. Raghunandan  9810098621

Joint Letter to Govt of India endorsed by 8 organisations and 145 individuals on Arogya Setu and other apps introduced during Covid19 pandemic

Click here to see the  Gmail – Joint Letter on Aarogya Setu and other COVID-19 apps

Click here to see the Joint Letter on Aarogya Setu by IFF, JSA, AISPN, FMES and other organisations and concerned individuals

 

Click here to view in FMES site

To
Dr. Harsh Vardhan, Union Minister, Ministry of Health & Family Welfare, Government of India
Email: hfm@gov.in
Shri Ravi Shankar Prasad, Union Minister, Ministry of Electronics & Information Technology, Government of India
Email: ravis@sansad.nic.in
Dr. Shashi Tharoor, Chairperson, Parliamentary Standing Committee on Information Technology
Email: office@tharoor.in, legislation@tharoor.in
17 September 2020
Subject: Technical, legal, ethical and implementation concerns regarding Aarogya Setu and other
apps introduced during COVID-19 in India
Dear sir,
We, the eight organisations and 145 individuals, consisting of public health advocates, experts in digital privacy, science and technology policy advocates, researchers, lawyers, journalists, medical professionals, students and other concerned persons want to express our deep concerns regarding the Aarogya Setu (AS) and other similar Apps related to the novel Corona virus epidemic. We are deeply concerned about violation of privacy, and compromised ethical principles and values, due to the AS App’s design, its deployment, related policies regarding data storage, preservation of privacy and data sharing, as well as overall policy implementation and inadequate legal frameworks for data protection and grievance redressal for users.
We appreciate the need of the hour viz.:
1. the unprecedented nature and massive impact of the Covid-19 pandemic in India
2. the need for a multi-pronged approach to contain the pandemic and minimize its adverse impact on all
domains of our lives
3. therefore the need for innovative approaches, including digital technology-based ones, that may be required to augment and complement other containment and mitigation measures. We believe that the key challenge is ensuring that a balance is struck between achieving greater public good and safeguarding individuals’ rights and freedoms in alignment with frameworks provided by the Constitution of India, public health ethics discourse, International Health Regulations 2005 (IHR 2005), the Siracusa Principles on Civil and Human Rights, and the Universal Declaration of Human Rights.
In this context, we conducted a detailed analysis of the AS App purposed as a catch-all solution, its Privacy Policy, Terms of Services (henceforth ToS) and Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020 (henceforth, Protocol), and its code available on GitHub taking into account the broader eco-system in which Aarogya Setu has been deployed and is being used. This is presented in the more detailed position paper (attached as Annexure 1) which informs this statement articulating key issues across five domains viz., technical and platform design; legal and policy frames; transparency and public engagement; eco-system in India in which the App has been deployed; and ethics and human rights.
The key issues that we want to highlight are as follows:
I. Technical and platform design domain
At a technical level, the AS App does not conform to key technical best practices being developed internationally.

The following major concerns arise:
1. The AS App collects people’s GPS trails about which many democracies, technologists and the World Health Organisation (WHO) have had concerns. It uses centralised social graph analysis to map interactions between individuals, thereby contravening the strongly supported decentralised data storage systems which safeguards citizens’ real-world activities. It also uses a static Device ID which is rudimentary, and is prone to risks of re-identification (i.e. the anonymised personal data may be matched with the actual person thereby exposing who the person is).
2. The AS App’s centralised data storage system enables exporting of people’s sensitive personal details to an external government-operated server which is linked with the Indian Council of Medical Research (ICMR) database and others. These are being provided to third parties such as research universities and private consultancy firms. Overall, this is an expansive approach to data collection and extraction, and clearly undermines privacy of people’s data.
3. The AS App categorizes people as being at high risk of COVID-19 simply based on the App’s opaque algorithm and inaccurate Bluetooth and GPS based proximity tracking. This creates a non-trivial risk of false positives and negatives, leading to other severe social, personal and public health consequences. The use of self-reported symptoms also runs the risk of people wrongly marking themselves as positive or negative.
4. The AS App is not accessible to people with disabilities, especially those with vision and hearing disabilities.
II. Legal and policy domain
1. Aarogya Setu App’s privacy policy or supporting documents such as its ToS and the Protocol, assert that data retention or deletion requirements do not apply to people’s data which has been “anonymised” and can therefore be seamlessly shared with third parties.

This raises three key issues:
a. standards of ‘anonymization’ are not defined in the ToS and the Protocol
b. standards if any are not shared with the user and no consent sought for using their “anonymized” data
c. there is no sunset clause for the personal data AS App collects. The, “sunset” is to the protocol rather than the underlying personal data. This evokes concerns of permanent surveillance
2. The data security and protection framework under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, are not applicable to government authorities, so there is no automatic or compulsory privacy protection
3. The voluntary Electronic Health Records Standards which provide certain privacy and security protocols for data disclosures during times of national priority, lacks suitable enforceability.
4. The latest draft of the Personal Data Protection Bill, 2019 introduced in India’s Parliament in December 2019 is insufficient. It grants omnibus exemptions to Governments for emergency/epidemic situations which is inconsistent with the contours of the right to privacy and reasonable restrictions during emergency situations as prescribed by the Supreme Court of India in its seminal right to privacy judgement in KS Puttaswamy v Union of India (2017).
5. Obligations under the IHR 2005 to which India is legally bound, require governments to ensure that national legislative frameworks relating to data sharing are adopted and be consistent with international human rights frameworks and foundational ethical principles. Lack of such legal framework in India implies lack of protection from potential commercial surveillance.
6. From a policy perspective, there is no independent institutional oversight on (a) public agencies and the businesses developing these Apps; (b) ethical and human rights aspects; and (c) the App’s actual deployment.

III. Transparency and public engagement domain
1. As per information in the public domain, Government of India (GoI), had initiated building of the AS App on March 19, 2020, and it was launched on April 2, 2020. As per standard best practice, GoI should have issued a technical whitepaper and consulted the public and external stakeholders before launching the App. However, even now, more than four months since the AS App’s launch, GoI has not published any such document.
2. The lack of a structured public debate and public engagement around the AS App raises questions about its quality, and about the adequacy of ethical, procedural or institutional safeguards to mitigate risks arising from such technological interventions.
3. The National Informatics Center (NIC) has informed the media that it opted for a public-private partnership model to develop the AS App. For example, For example, UX Design at MakeMyTrip has been a private volunteer in building these systems. This evokes concerns of commercial exploitation and risk to privacy of the data collected through the AS App.
4. The underlying source code of the AS App was also not released for the longest time which is, again, best practice in such cases. Eventually, the GoI released the source code but it has not yet released the server-side code or the cloud functions. Experts have observed that the source code released on GitHub is inconsistent with the App which is being used by the public. This has therefore only marginal value in terms of transparency and is inconsistent with globally accepted standards of open source software.
5. There is ambiguity in the key AS App documents namely ToS, Protocol, and Privacy Policy. These include inadequate information for AS App users about the type and purpose of data collected, where and for how long data will be stored, with whom these data will be shared and for what purposes. A NITI Aayog official has indicated that data collected via the AS App is feeding into the development of India/Bharat Health Stack and that raises various other concerns but will not be dealt with here.
6. There is inadequate transparency about the various data points and inputs the App’s algorithm relies upon to arrive at its risk scoring of users as green, yellow, orange or red.

IV. India’s eco-system in which AS App is deployed
1. Indian governance systems habitually work in silos and inter-departmental coordination is extremely weak. Potential usefulness of the deployment of AS App depends upon how well the App data and its processing system is linked to contact tracing, testing and treatment through a well-equipped and trained health system. Unfortunately, there has been surprisingly little information put out so far by concerned government agencies as to how such institutional linkages have worked and how the App data has been used.
2. innovations in collection and processing of citizens’ data must comply with broader legal and ethical frameworks and constitutional rights of citizens which have historically been weak and have come under increasing threat in recent times.
3. the fact that the Ministry of Home Affairs is steering this effort instead of the Ministry of Health and Family Welfare, conveys that instead of linkage with testing and treatment, the AS App is more likely being purposed as a tool for surveillance and movement control, potentially leading to social coercion.

V. Constitutional and human rights, and public health ethics
1. The Medical Council of India’s Code of Ethics does not cover protocols for health data in circumstances when it is shared with the Government
2. The Government’s push to make the App effectively mandatory erodes individual autonomy as guaranteed by the Constitution
3. Critically, effectively mandatory use of the AS App is inconsistent with a recent WHO guidance on ethical considerations in the use of digital proximity tracing technologies.
4. The AS App’s Protocol is insufficient since it does not offer any legislative foundation for the AS App. Fundamental rights under the Constitution cannot be restricted by the Government even for legitimate purposes without express legislative authorisation.
5. Further, the Protocol fails to be consistent with standards of necessity and proportionality called for by both IHR 2005 and the Siracusa Principles. Specifically, it does not incorporate substantive language which sufficiently reigns in the government’s ability to collect, store, process, retain and process people’s sensitive personal details.

Against this backdrop, our demands are as follows:
I. For proportionality: Three points of emphasis must be design and architecture of the AS app; transparency and effective public engagement; and limits to retention time and use of the data.
1. There is a constitutional obligation to adopt the least restrictive/intrusive measure to achieve the stated purpose. These thresholds can be benchmarked against known technological best practices and models, and the kinds of interventions adopted by other constitutional democracies. The design of interventions must also ensure that they do not disproportionately impact people from certain backgrounds, identities, and regions.
2. A full release of specifications including cryptography, anonymization specifications, Application Programming Interface (API) specifications, and Bluetooth specifications.
3. Release of the source code for the current version of the AS App, given the fact that the released code does not match with the one in use, and release of the server-side code.
4. Development of a comprehensive privacy impact assessment, articulating accompanying risks associated with large scale roll-out of the App.
5. Commitment (i.e. sunset clauses that are clearly present in primary legislation) to permanently destroy the data and systems being built via AS App at the end of the COVID-19 pandemic.
6. The AS App must not in any way be made mandatory by government or private actors;
7. Among other things, the focus must be on assuring the public that these are temporary interventions which will not devolve into permanent surveillance and monitoring systems.

II. For legality
1. Suitable legislation is required aim to hold the Union and State governments and private actors accountable for leakage or any inappropriate use of App data during epidemics and communicable disease outbreaks.
2. Under this, governments may only access patient data through hospital records, and must preserve patient anonymity.
3. These frameworks should be solely under the control of public health institutions.

III. For necessity: The government must establish:
1. The contextual necessity of the new technological interventions like the AS App which monitors people’s movements since this is already being done by other actors (like telecom service providers).;
2. Grounds for treating the existing government databases, such as those maintained by ICMR and other existing surveillance mechanisms and hospital records as inadequate for the current purposes of responding to the pandemic
3. The expected advantage of interventions for collection of health and related information is collected, the actual technical effectiveness of the interventions itself, and a detailed cost-benefit/privacy impact analysis to evaluate risks before rolling out such Apps
4. Necessity as a dynamic construct, and that it is embedded through the life cycle of the AS programme. Within it there is a need for continual review of the programme as regards principles of transparency and accountability.

IV. Oversight Structures and Processes
1. The required legislation must create independent institutions for oversight separated from the political executive.
2. Towards this end, the agencies/institutions concerned should publish periodic reports informing the public if, and to what extent, the App is augmenting the Government’s response in treating and containing the spread of Covid-19. Based on such feedback loops, these institutions should be empowered to make decisions for course correction or even discontinuation of the programme itself, and the permanent destruction of the systems created.

We hope that you will take cognisance of these concerns and address them urgently.

With regards
Apar Gupta – Internet Freedom Foundation (IFF)
Sunita VS Bandewar- Forum for Medical Ethics Society (FMES) and Jan Swasthya Abhiyan
Sulakshana Nandi- Jan Swasthya Abhiyan
P.Rajamanickam- All India People’s Science Network (AIPSN)

This letter has been endorsed by the following organisations, networks and individuals:
Organisational endorsements
Janchetna Sansthan Abu Road
Lok Manch New Delhi
Rethink Aadhaar Campaign India
Right To Food Campaign India

Individual Endorsements
1 Aayushman Aggarwal Student
2 Abha Feminist activist
3 Adarsh Ranjan Student
4 Akshayarka Deka Big Data Analyst
5 Alka Pawangadkar Translator/Trainer
6 Amar Jesani Editor, Indian Journal of Medical Ethics, Mumbai
7 Amitranjan Basu Doctor, Shaheed Hospital
8 Ammu Abraham Women’s rights and Civil liberties activist
9 Anand Nandakumar Lawyer
10 Anand Philip Independent Researcher, Bangalore
11 Anja Kovacs Director, Internet Democracy Project
12 Anurag Modi Social Activist, Shramik Adivasi Sanghatana, Madhya Pradesh
13 Apoorva Umap Student
14 Arindom Bora Student
15 Arundhati Dhuru Social activist, National convener NAPM
16 Arvind IT
17 Ashish Kothari Kalpavriksh, Pune
18 Assunta Pardhe Social worker and lawyer, Chief Functionary Chetna Mahila Vikas Kendra
19 Avi Student
20 Aysha Concerned citizen
21 Barathi Nakkeeran Independent Researcher
22 Barun Mukhopadhyay Professor (Retired), Indian Statistical Institute, Biological Anthropology Unit, Kolkata
23 Bindu Desai Retired Neurologist
24 Ch Narendra Senior Journalist, Hyderabad
25 Chayanika Shah Queer Feminist Researcher
26 Deepika Joshi Researcher, PUCL, Chhattisgarh
27 Deepriya Snehi Advocate
28 Devdutta Lawyer
29 Devika Shetty Independent mental health activist, Goa
30 Dharmesh shah Researcher
31 Divya Sornaraja Engineer
32 Dr.Ganesh Singh Dharmshaktu, Associate Professor, Department of Orthopaedics, Government Medical College,         Haldwani Uttarakhand
33 Dr Shakeel Physician. The Polyclinic
34 Dr Shriyuta A Infosys fellow in Public Health, SEARCH, Gadchiroli
35 Dr Sylvia Karpagam Public health doctor
36 Dr. Harish Gupta Consultant Physician , Internal Medicine, Lucknow
37 Dr. J. Charles Davis Professor of Bioethics and Moral Theology
38 Dr. Kamaxi Bhate Professor Emeritus KEM Hospital
39 Dr. Mahesh Devnani Doctor, Hospital Administrator
40 Dr. Mohan Rao Former professor at the Centre of Social Medicine and Community Health, JNU
41 Dr. Prashanth N S Institute of Public Health, Bengaluru.
42 Dr. Satendra Singh, Disability Rights activist & doctor at University College of Medical Sciences & GTB Hospital,         Delhi
43 Dr. V Visvanathan Computer Technologist
44 Dr.Mohan Rao Independent public health researcher
45 Dr.Tusharkanti Dey Retired Academician
46 Fatima A Castillo Researcher
47 Gargi Sharma Software Engineer
48 Geeta Seshu Journalist, Co-Editor, Free Speech Collective
49 Goldee kushwaha Student
50 Gurpreet Singh Digital Marketing Manager
51 Hari Prasad Tripathi Student
52 Hashim Khan Working, CGSACS – Deputy Director
53 Hrishikesh Bhaskaran Secretary, Swathanthanthra Malayalam Computing
54 Imtitangit Pongener Student
55 Indira C Public health researcher, Delhi
56 Jagannath Chatterjee Patient Advocate, Bhubaneswar
57 Jashodhara Dasgupta Independent researcher, New Delhi.
58 Jhuma Sen Associate Professor, JGLS
59 Joy Bhattacharjee Cloud Infrastructure Consultant
60 Jyotsna Tirkey Service, Jan Swasthya Abhiyan
61 K Ram Independent Educator
62 Kabi Activist
63 Kalyani Menon Sen Independent researcher
64 Kamayani Bali Mahabal Trainer Gender, Health and Human Rights, Jan Swasthya Abhiyan, Mumbai – Convenor
65 Kamlesh Khantwal State Coordinator BGVS and JSA Uttarakhand
66 Khrisha Shah Entrepreneur, Dysco (Co-Founder & CEO)
67 Kim Fernandes Delhi/University of Pennsylvania
68 Kiran Jonnalagadda Technologist
69 Leo Saldanha Researcher, Environment Support Group, Bangalore, India
70 Linda Chhakchhuak Concerned citizen
71 Madhuresh Kumar National Convener, NAPM
72 Mahathi Doctor
73 Mahesh Devnani Chandigarh
74 Maithreyi M R Consulting editor
75 Manavi Lawyer
76 Mansi Sood Advocate
77 Mary Mathai Scientist
78 Md Rushd Al Amin Student
79 Medha Kale Social activist and Translator, Trustee, Tathapi Trust Pune
80 Meena Gopal Researcher and activist, Forum against Oppresssion of Women
81 Mrinal Sharma Lawyer, Amnesty International India, Policy Advisor
82 Murali Advocate
83 Nagmani Rao Retired Academic, Citizen
84 Navneet Wadkar PhD Scholar, Jawaharlal Nehru University, New Delhi
85 Neelanjana Public Health Researcher, Jan Swasthya Abhiyan, Chhattisgarh
86 Nikhat Hetavkar Law student
87 Nilanjana Dey Marketer
88 Niraj Bhatt Researcher, Citizen consumer and civic Action Group
89 Niranjan Sathyamurthy Illustrator
90 Oishik Sircar Academic
91 Padmini Ray Murray Independent Researcher, Founder, Design Beku
92 Paranjoy Guha Thakurta Journalist, author, publisher and documentary film-maker
93 Paulomi Chakraborty Associate Professor, Humanities and Social Sciences
94 Peehu Pardeshi Teacher, Jan Swasthya Abhiyan member
95 Piyali Mitra Researcher, Forum for Medical Ethics, Member
96 Prabha Doctor
97 Pradeep Esteves Context India, Bangalore
98 Pranav Mattapalli Student
99 Praveer Peter Social Worker, Convenor, Solidarity Centre, Ranchi
100 Preethika Lawyer
101 Prof Dr Fatima Castillo Manila, Philippines
102 Prof Dr Siby George IITB, Mumbai
103 Raghav Mendiratta Lawyer
104 Rajalakshmi Independent
105 Rajendra Gadwal Social Activist, Samajwadi Jan Parishad
106 Rajendran Narayanan Assistant Professor, Azim Premji University
107 Ravi Duggal Independent Researcher and Activist
108 Ricky Saldanha Research & Insights professional
109 Rishab Bailey Lawyer and technology policy researcher, New Delhi
110 Roopashri Sinha Freelance research consultant
111 Rujvi Lawyer
112 Sagari Ramdas Veterinary Scientist, Food Sovereignty Alliance, India Member
113 S Saroja Director – Consumer Protection, Citizen consumer and civic Action Group
114 Saloni Madan Student
115 Sandeep K Shukla Professor
116 Sandeep Pandey Social activist, Vice President Socialist Party (India)
117 Sandhya Srinivasan Journalist
118 Sangeeta CEHAT
119 Santosh Mahindrakar Nurse
120 Saurabh Bhattacharjee Academia
121 Senthamil Selvan K. Health activist
122 Shals Mahajan Writer, Member, LABIA – A Queer Feminist LBT Collective
123 Shamim Meghani Modi Teacher, FMES
124 Sharmila IIT Bombay
125 Shatakshi Student
126 Siddharth Chakravarty, Researcher
127 Srijit Mishra, Bhubaneswar
128 Srinivas kodali, Independent Researcher
129 Srinivasan G , Technology Professional, Sochara – Volunteer
130 Subhashis Banerjee, Professor, IIT Delhi
131 Sudha N, Researcher & Activist
132 Sudhir Pattnaik Senior Journalist, Bhubaneswar
133 Sujata Gothoskar Researcher and activist
134 Sujata Patel Teacher and Researcher
135 Sujata Sethi Rohtak
136 Sukla Sen Peace Activist
137 Sumi Krishna Independent researcher, Bengaluru
138 Sunep Imsong Tech Lead
139 Sunil Tamminaina Research Scholar
140 Supriya Subramani Postdoc
141 Surbhi Shrivastava PhD Student
142 Swatija Retired
143 Tanvi Sharma Advocate, Volunteers Collective
144 Tara Murli Architect , Chennai
145 Vivek Divan Centre for Health Equity, Law & Policy: Indian Law Society, Pune

Joint Statement on Technical, legal, ethical and implementation concerns regarding Aarogya Setu and other apps introduced during COVID-19 in India by JSA, IFF, FMES and AIPSN

Joint Statement on Technical, legal, ethical and implementation concerns regarding Aarogya Setu and other apps introduced during COVID-19 in India

by Jan Swasthya Abhiyan (JSA), Internet Freedom Foundation (IFF),Forum for Medical Ethics Society (FMES), and All India People’s Science Network (AIPSN)

 

Click here for pdf of Joint Statement on Aarogya Setu by IFF, JSA, AISPN, FMES

 

We, the four signatory networks of organizations of public health advocates, experts in digital privacy, science and technology policy advocates and other stakeholders issue this Statement for generating public understanding and for submission to the Government of India (GoI) and concerned Union Ministries – Ministry of Electronics and Information Technology (MEIT), and Ministry of Health and Family Welfare (MoH&FW) – about our deep concerns regarding the Aarogya Setu (AS) and other similar Apps related to the novel Corona virus epidemic. We are deeply concerned about violation of privacy, and compromised ethical principles and values, due to the AS App‟s design, its deployment, related policies regarding data storage, preservation of privacy and data sharing, as well as overall policy implementation and inadequate legal frameworks for data protection and grievance redressal for users.

We appreciate the need of the hour viz.:
1. the unprecedented nature and massive impact of the Covid-19 pandemic in India 2. the need for a multi-pronged approach to contain the pandemic and minimize its adverse impact on all domains of our lives 3. therefore the need for innovative approaches, including digital technology-based ones, that may be required to augment and complement other containment and mitigation measures

Key challenge

Ensuring that a balance is struck between achieving greater public good and safeguarding individuals‟ rights and freedoms in alignment with frameworks provided by the Constitution of India, public health ethics discourse, International Health Regulations 2005 (IHR 2005), the Siracusa Principles on Civil and Human Rights, and the Universal Declaration of Human Rights. In this context, we conducted a detailed analysis of the AS App purposed as a catch-all solution, its Privacy Policy, Terms of Services (henceforth ToS) and Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020 (henceforth, Protocol), and its code available on GitHub taking into account the broader eco-system in which Aarogya Setu has been deployed and is being used. This is presented in the more detailed position paper available with us and which informs this statement articulating key issues across five domains viz., technical and platform design; legal and policy frames; transparency and public engagement; eco-system in India in which the App has been deployed; and ethics and human rights.

Key issues

I. Technical and platform design domain

At a technical level, the AS App does not conform to key technical best practices being developed internationally. The following major concerns arise:
1. The AS App collects people‟s GPS trails about which many democracies, technologists and the World Health Organisation (WHO) have had concerns. It uses centralised social graph analysis to map interactions between individuals, thereby contravening the strongly supported decentralised data storage systems which safeguards citizens‟ real-world activities. It also uses a static Device ID which is rudimentary, and is prone to risks of re-identification (i.e. the anonymised personal data may be matched with the actual person thereby exposing who the person is).

2. The AS App‟s centralised data storage system enables exporting of people‟s sensitive personal details to an external government-operated server which is linked with the Indian Council of Medical Research (ICMR) database and others. These are being provided to third parties such as research universities and private consultancy firms. Overall, this is an expansive approach to data collection and extraction, and clearly undermines privacy of people‟s data.

3. The AS App categorizes people as being at high risk of COVID-19 simply based on the App‟s opaque algorithm and inaccurate Bluetooth and GPS based proximity tracking. This creates a non-trivial risk of false positives and negatives, leading to other severe social, personal and public health consequences. The use of self-reported symptoms also runs the risk of people wrongly marking themselves as positive or negative.

II. Legal and policy domain
1. Aarogya Setu App‟s privacy policy or supporting documents such as its ToS and the Protocol, assert that data retention or deletion requirements do not apply to people‟s data which has been “anonymised” and can therefore be seamlessly shared with third parties.

This raises three key issues:

a. standards of “anonymization” are not defined in the ToS and the Protocol

b. standards if any are not shared with the user and no consent sought for using their “anonymized” data

c. there is no sunset clause for the personal data AS App collects. The, “sunset” is to the protocol rather than the underlying personal data. This evokes concerns of permanent surveillance

2. The data security and protection framework under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, are not applicable to government authorities, so there is no automatic or compulsory privacy protection

3. The voluntary Electronic Health Records Standards which provide certain privacy and security protocols for data disclosures during times of national priority, lacks suitable enforceability.

4. The latest draft of the Personal Data Protection Bill, 2019 introduced in India‟s Parliament in December 2019 is insufficient. It grants omnibus exemptions to Governments for emergency/ epidemic situations which is inconsistent with the contours of the right to privacy and reasonable restrictions during emergency situations as prescribed by the Supreme Court of India in its seminal right to privacy judgement in KS Puttaswamy v Union of India (2017).

5. Obligations under the IHR 2005 to which India is legally bound, require governments to ensure that national legislative frameworks relating to data sharing are adopted and be consistent with international human rights frameworks and foundational ethical principles. Lack of such legal framework in India implies lack of protection from potential commercial surveillance.

6. From a policy perspective, there is no independent institutional oversight on (a) public agencies and the businesses developing these Apps; (b) ethical and human rights aspects; and (c) the App‟s actual deployment.

III. Transparency and public engagement domain
1. As per information in the public domain, Government of India (GoI), had initiated building of the AS App on March 19, 2020, and it was launched on April 2, 2020. As per standard best practice, GoI should have issued a technical whitepaper and consulted the public and external stakeholders before launching the App. However, even now, more than four months since the AS App‟s launch, GoI has not published any such document.

2. The lack of a structured public debate and public engagement around the AS App raises questions about its quality, and about the adequacy of ethical, procedural or institutional safeguards to mitigate risks arising from such technological interventions.

3. The National Informatics Center (NIC) has informed the media that it opted for a public-private partnership model to develop the AS App. For example, For example, UX Design at MakeMyTrip has been a private volunteer in building these systems. This evokes concerns of commercial exploitation and risk to privacy of the data collected through the AS App.

4. The underlying source code of the AS App was also not released for the longest time which is, again, best practice in such cases. Eventually, the GoI released the source code but it has not yet released the server-side code or the cloud functions. Experts have observed that the source code released on GitHub is inconsistent with the App which is being used by the public. This has therefore only marginal value in terms of transparency and is inconsistent with globally accepted standards of open source software.

5. There is ambiguity in the key AS App documents namely ToS, Protocol, and Privacy Policy. These include inadequate information for AS App users about the type and purpose of data collected, where and for how long data will be stored, with whom these data will be shared and for what purposes. A NITI Aayog official has indicated that data collected via the AS App is feeding into the development of India/Bharat Health Stack and that raises various other concerns but will not be dealt with here. 6. There is inadequate transparency about the various data points and inputs the App‟s algorithm relies upon to arrive at its risk scoring of users as green, yellow, orange or red.

IV. India’s eco-system in which AS App is deployed

1. Indian governance systems habitually work in silos and inter-departmental coordination is extremely weak. Potential usefulness of the deployment of AS App depends upon how well the App data and its processing system is linked to contact tracing, testing and treatment through a well-equipped and trained health system. Unfortunately, there has been surprisingly little information put out so far by concerned government agencies as to how such institutional linkages have worked and how the App data has been used.

2. innovations in collection and processing of citizens‟ data must comply with broader legal and ethical frameworks and constitutional rights of citizens which have historically been weak and have come under increasing threat in recent times.

3. the fact that the Ministry of Home Affairs is steering this effort instead of the Ministry of Health and Family Welfare, conveys that instead of linkage with testing and treatment, the AS App is more likely being purposed as a tool for surveillance and movement control, potentially leading to social coercion.

V. Constitutional and human rights, and public health ethics

1. The Medical Council of India‟s Code of Ethics does not cover protocols for health data in circumstances when it is shared with the Government

2. The Government‟s push to make the App effectively mandatory erodes individual autonomy as guaranteed by the Constitution

3. Critically, effectively mandatory use of the AS App is inconsistent with a recent WHO guidance on ethical considerations in the use of digital proximity tracing technologies.

4. The AS App’s Protocol is insufficient since it does not offer any legislative foundation for the AS App. Fundamental rights under the Constitution cannot be restricted by the Government even for legitimate purposes without express legislative authorisation.

5. Further, the Protocol fails to be consistent with standards of necessity and proportionality called for by both IHR 2005 and the Siracusa Principles. Specifically, it does not incorporate substantive language which sufficiently reigns in the government‟s ability to collect, store, process, retain and process people‟s sensitive personal details.

Our Demands: Against this backdrop, our Organizations demand as follows:

I. For proportionality: Three points of emphasis must be design and architecture of the AS app; transparency and effective public engagement; and limits to retention time and use of the data.

1. There is a constitutional obligation to adopt the least restrictive/intrusive measure to achieve the stated purpose. These thresholds can be benchmarked against known technological best practices and models, and the kinds of interventions adopted by other constitutional democracies. The design of interventions must also ensure that they do not disproportionately impact people from certain backgrounds, identities, and regions.

2. A full release of specifications including cryptography, anonymization specifications, Application Programming Interface (API) specifications, and Bluetooth specifications.

3. Release of the source code for the current version of the AS App, given the fact that the released code does not match with the one in use, and release of the server-side code.

4. Development of a comprehensive privacy impact assessment, articulating accompanying risks associated with large scale roll-out of the App.

5. Commitment (i.e. sunset clauses that are clearly present in primary legislation) to permanently destroy the data and systems being built via AS App at the end of the COVID-19 pandemic.

6. The AS App must not in any way be made mandatory by government or private actors;

7. Among other things, the focus must be on assuring the public that these are temporary interventions which will not devolve into permanent surveillance and monitoring systems.

II. For legality

1. Suitable legislation is required aim to hold the Union and State governments and private actors accountable for leakage or any inappropriate use of App data during epidemics and communicable disease outbreaks.

2. Under this, governments may only access patient data through hospital records, and must preserve patient anonymity.

3. These frameworks should be solely under the control of public health institutions.

III. For necessity: The government must establish:

1. The contextual necessity of the new technological interventions like the AS App which monitors people‟s movements since this is already being done by other actors (like telecom service providers).;

2. Grounds for treating the existing government databases, such as those maintained by ICMR and other existing surveillance mechanisms and hospital records as inadequate for the current purposes of responding to the pandemic

3. The expected advantage of interventions for collection of health and related information is collected, the actual technical effectiveness of the interventions itself, and a detailed cost-benefit/privacy impact analysis to evaluate risks before rolling out such Apps

4. Necessity as a dynamic construct, and that it is embedded through the life cycle of the AS programme. Within it there is a need for continual review of the programme as regards principles of transparency and accountability.

IV. Oversight Structures and Processes

1. The required legislation must create independent institutions for oversight separated from the political executive.

2. Towards this end, the agencies/institutions concerned should publish periodic reports informing the public if, and to what extent, the App is augmenting the Government’s response in treating and containing the spread of Covid-19. Based on such feedback loops, these institutions should be empowered to make decisions for course correction or even discontinuation of the programme itself, and the permanent destruction of the systems created.

On New Education Policy 2020 (NEP2020)

click here for AIPSN-NEP2020-LongNote

click here for AIPSN-NEP2020-ShortNote

click here for AIPSN-NEP2020-Hindi

AIPSN on New Education Policy 2020 (NEP2020)

 

  1. Overview

The National Education Policy 2020 (henceforth NEP2020) document is supposedly based on the Kasturirangan Committee’s Draft New Education Policy (DNEP) of 2019 and the large numbers of public responses to it. Perusal of both documents reveals many differences between them. Yet there is no summary of responses received on DNEP2019, no explanation of changes made to DNEP2019 while formulating NEP2020 and reasons for the same, nor is there any statement about the authors of NEP2020. In fact, NEP2020 is so different from DNEP2019 that NEP2020 should be treated as a Draft and fresh public consultations should be held. In any case, thorough discussions on NEP2020 are required in Parliament before proceeding further. Also, as NEP2020 is highly centralized and intrudes heavily on the rights of States on a subject which requires therefore consultation with the state legislators. Discussions in State Assemblies are essential. Unfortunately, several aspects of NEP are already being implemented by the Centre and in some States pre-empting all participatory and democratic decision-making.

In one sense, NEP2020 seems to continue along the lines of several earlier Education Policies, long on rhetoric about major reform and change, short on fund allocation and implementation. Such policies have sought to capitalize on the frustrations of students, teachers, parents and the general public with the existing system, and promise them a much better system. On the other hand, NEP2020 contains several concrete proposals which do indeed mark a significant break from the extant educational system, and which may indeed bring about major changes if implemented as stated. However, most of the changes proposed in NEP2020 will cause severe damage to quality of education, increase education costs, and sharply reduce access to education for students from SC/ST and other socially and economically underprivileged sections, at a time when there is a legal obligation on the State to ensure quality outcomes in education for the large mass of students and youth as a right of all young citizens.

NEP2020 represents a sharp retreat of the State from public education. Its main thrusts are on centralization of authority in key areas, commercialization and de-regulation of the education system, creating a basis for saffronization especially in schools, and withdrawal of Reservations and other affirmative action especially for SC/ST and other historically oppressed and deprived sections.

NEP2020 seeks to undo the right to education of good quality that poor and historically marginalized sections of society have managed to obtain after much struggle. It lays the groundwork for abandoning the justiciable Right to Education (RtE) Act for children of 6-14 years age. While NEP2020 makes tall claims about “universal access” from 3-16 years of age, making it sound like an advance over RtE, mere access is actually a step backward from the guarantee of good quality education contained in RTE read with NCF 2005. It will also be non-justiciable, since NEP2020 is not backed by any legislation. Access to education will de facto be restricted, especially for students from rural, tribal and remote areas, by NEP2020 proposals to close down many schools on grounds of “viability” and “efficiency.”

NEP2020 uses flowery phrases and policy proposals that appeal to either privileged sections of society or to the “cultural-nationalist” stream of the ruling dispensation. Whereas several proposals of NEP2020 give an appearance of being positive changes leading to long-awaited modernization of the educational system, closer examination shows that the NEP2020 does not address the ground realities of the Indian educational system, will worsen the prevailing inequality of access for Dalits, tribals, urban and rural poor and other socially, economically and educationally deprived sections of society. If at all there are benefits of NEP, these will be obtained only by already privileged and better-off sections of society.

Shockingly, NEP2020 does not even mention Reservation even though it is enshrined in the Constitution. Everywhere only “merit” is mentioned as the basis for admissions at all levels, despite it being well known that so-called “merit” is only a reflection of privilege and benefits accruing from higher incomes and social status. It is to be noted that Tamil Nadu, for instance, has managed to attain a Gross Enrollment Ration (GER) of 49.5% primarily due to its reservation policies, along with absence of entrance examinations for UG and PG courses. In India, examinations by themselves are not a true test of ability, and relate more to exam-performance ability often acquired through resource-intensive tuitions, training institutions and orientations obtained through private schools and enabling home environments.

How can the NEP2020 goal of 50% GER be achieved without Reservation and with the National Entrance Tests for higher education that it suggests? The answer lies in the undisguised running thread of on-line education at all levels in NEP2020, which is falsely projected as equivalent to classroom teaching and learning. If a large proportion of children and youth are denied access, either because of lack of financial wherewithal or due to supposed lack of academic “merit,” they will be forced into on-line education which the State will pass off as mainstream education.

The sharply increased centralization in NEP2020 will erode federalism and the rights of States. Even though Education is in the Concurrent List, under NEP2020 the States will only be allowed to implement Centrally-imposed policies under supervision of Central agencies for examinations, admissions, standards, funding and assessment, and with centrally imposed text books. NEP2020 leaves almost no scope for State-level shaping of Education which is essential in India because of its cultural, social and linguistic diversity. This makes it even more necessary that deliberations be held in State Assemblies, positions be taken by State Governments, and public opinion be mobilized in States to put forward State-level perspectives on education and the NEP2020 proposals.

NEP2020 provides an open playing field at the pre-school, school and college/university levels for corporate and private interests, while making token statements about preventing commercialization of education. The NEP2020 schema of “light but tight regulation,” essentially means free rein to private schools and “light” or no regulation over higher-education curricula, fees, admissions and conditions of work of Faculty, along with supposedly “tight” control over university admissions tests, accreditation, and some very broad outcome standards.

Teachers will be severely impacted by NEP2020 proposals for dilution of teacher training at the school level, for extending probation period in higher education institutions (HEI), and for linking tenure of service and other conditions of service to subjective assessments by autonomous and unregulated HEI managements.

Many NEP2020 proposals will require substantial increase in public expenditure on education which goes against the observed withdrawal of the State from this sector. While NEP2020 talks of raising public investment in education to 6% of GDP, so did the Kothari Commission Report way back in 1966 with implementation falling far short. From subsequent comments by the Minister for HRD, government is likely to include both expenditures by States and by the private sector in estimation of investments in education. Regrettably, even the more meaningful suggested increase in annual budgetary expenditure on education proposed in DNEP2019 has been dropped in NEP2020.

All in all, while creating a few expanded opportunities for better-off sections of society, NEP2020 undermines existing rights of the majority and fails to meet the aspirations of economically and socially disadvantaged children and youth in India for all-round knowledge and gainful employment in the modern globally-integrated economy that is both knowledge- and skill-intensive.

Major proposals of NEP2020 for different stages of education are discussed below.

 

  1. Early Childhood Care, Development & Education (ECCE)

 

NEP2020 represents a reversal of a positive aspect of NEP2019 which had specifically proposed to amend and extend the RTE Act to cover the age group 3-6. This welcome proposal in NEP2019 to amend the RTE Act is replaced by only a recommendation to provide for pre-school early childhood care and preparation for entry into the education system for children in the 3-6 years age-group. This is internationally encouraged including by UNESCO and in many developed and middle-income developing countries is provided within the government-run school system. In India, there has been a mushrooming of the private pre-school education business in recent years, which idea is now being given policy recognition. However, most experts have questioned whether the emphasis in NEP2020 on literacy and numeracy during ECCE, essentially extending school earning to younger pre-primary ages, is pedagogically and developmentally correct.

In any case, NEP2020 proposes to primarily use the existing Anganwadi system, which is already providing early childhood mother-and-child care and nutrition, and would also utilize local primary schools. Sensitive handling of children in the 3-6 years age-group and providing pre-school exposure to education requires specialized training and NEP2020 proposes to provide on-line training to Anganwadi workers including periodic contact classes in local schools.

However, several questions remain unanswered in NEP2020 regarding ECCE. Will Anganwadi workers be provided additional remuneration and due recognition through appropriate re-designation giving due recognition to their new and more specialized roles? Will local panchayats be provided the additional funds required for additional space and facilities needed such as play and activity areas, and educational materials etc? Where will additional funding come from for providing good sanitation, clean drinking water, and additional nutritional food for the children in these upgraded facilities?

 

  1. School Education

 

A basic and fundamental flaw in NEP2019 is its attempt to replace the right to good quality outcomes guaranteed by the RTE Act read with NCF 2005, by mere access to quality education. This will take Indian school education back by 50 years.

There has been much discussion in the country over the past several years about the school system overburdening children with huge curricular load, textbook-based rote learning and examination pressure. Internationally the trend is towards more open learning, teaching and testing methods emphasizing critical thinking and problem-solving. NEP2020 pays lip service to these issues in speaking of more open and flexible teaching-learning.

Yet, going against this entire trend and its own rhetoric, NEP2020 introduces public national-level examinations after Grades 3, 5 and 8, apart from the existing exams after Grades 10 and 12. Although this is supposedly for the purpose of assessing schools and monitor progress, it will undoubtedly increase pressure on students and re-emphasize rote learning. There is even talk of semester-wise, course-wise and other periodic exams, again at the national level. This “exam raj” runs counter to all global trends, and not only adds to the burden and pressure on children, it further exaggerate the importance of exam performance as a means to assess learning outcomes.

A new centralized all-India University entrance exam is also proposed under a new National Assessment Centre. This not only introduces yet another exam, it also undermines the role of State Boards and even of the CBSE, and once again emphasizes exam performance which will further encourage coaching establishments.

The trend of centralization is also reflected in NEP2020’s call for National Textbooks, supposedly with “local content and flavor,” instead of adopting a National Curriculum Framework and allowing States to develop their own textbook content. Experts assert that the learning process is most effective when education is rooted in a familiar physical, social and cultural environment. This is especially true in a culturally diverse country like India, and precisely this diversity is sought to be buried under centralized curricula and textbooks. Further, as we know, this centralization can also lead to arbitrary and motivated actions as witnessed recently during the Covid19 pandemic when subjects/chapters related to secularism, critical thinking and certain historical/political figures were removed from the syllabus under cover of reducing load imposed by Covid-related lockdowns and restrictions.

The centralization assumes more sinister dimensions in the clearly displayed desire to push a saffronization agenda through the Sangh Parivar perspective of Indian society and culture in curricula and in schools in general. Despite talking about promoting constitutional values in school education, the word “secularism” does not occur even once in NEP2020. While speaking of promoting critical thinking and scientific temper, NEP2020 says “Indian Knowledge Systems” would be taught, without explaining what this term means. For instance, will it mean propagating the idea that ancient India had aerospace technologies including inter-planetary travel, or that internet was prevalent during the Mahabharata war, or that various mythologies “prove” knowledge of advanced plastic surgery and in-vitro fertilization etc, as propagated by leading lights of the present ruling dispensation?

At the same time, NEP2020 only makes passing references to tribal and indigenous knowledge, showing what the present government considers “mainstream” or “marginal” knowledge traditions. Additionally, in language education in Grades 6-8, NEP2020 takes forward the Hindutva idea of “one nation, one language” by emphasizing the “remarkable unity of most… major Indian languages, [and] their common… origins… from Sanskrit,” completely downplaying the independent ancient, historical and continuing Dravidian and different Adivasi and other language groups in the North-East. NEP2020 also speaks of India’s classical and other Indian languages having rich literature and culture, and mention is made of Pali, Prakrit and even the obviously foreign Persian, but does not at all mention Urdu, a quintessentially Indian language and a great example of the syncretic culture of the Indian civilization!

There are many other problematic proposals in NEP2020.

A large number of government schools, especially those in small or isolated communities, are to be shut down in the name of efficiency, viability and resource optimization. While such a process is already under way, NEP2020 now gives this process de jure status. Many teachers would lose jobs, and children would have to travel over greater distances under difficult circumstances, further reducing access to education and prompting additional drop-outs.

NEP2020 proposes a three language formula, where Sanskrit could be exercised as an option apart from the mother tongue or local language, and has already met with opposition by Tamil Nadu, exposing the lack of consultations with State Governments.

Most unfortunately, NEP2020 effectively suggests withdrawal of the State from its commitment to provide education of good quality to the 6-14 years age groups as a justiciable right under RTE 2009, and replaces it with a vague assurance to “ensure universal access to education at all levels from age 3 to 18”. So as to evade the responsibility of the State to ensure enrolment and retention of dropouts in the public education system, NEP2020 recommends “alternative and innovative education centres… in cooperation with civil society” for children of migrant workers and other drop-outs. Similarly, there is a proposal that Socio-economically Disadvantaged Groups (SEDG) (including differently-abled children), a new grab-all term which eliminates recognition of the unique historical discrimination against SC and ST communities, could be taught mainly through National and State Institutes of Open Schools (NIOS/SIOS), increasing their deprivation and widening the digital divide, instead of having reservations and special arrangements within the public education system. After this NEP2020-recommended system comes into effect, Government can in future wash away any responsibility for low enrolment and high drop-out rates, and can shift responsibility on poor performance by NGOs or failure of children to utilize on-line or other distance learning facilities.

Importantly, the entire NEP2020 approach of withdrawal from public education runs counter to the trend in most developed and middle-income developing countries. NEP2020 does not contain any significant policy directions or promises to strengthen and expand public education, meaning that India can expect continued expansion of the private school system which only widens social and economic disparities, and perpetuates privilege.

Previous Education Commissions and Education Policies had called for a strong publicly-funded Common School System based on Neighbourhood Schools, although implementation never delivered. NEP2020 has now completely abandoned this basic and important idea for a deeply unequal society as prevails in India. RtE gave the right to good quality education from 6-14 years, but NEP2020 does not give any right, of good quality education, not only for the above age group but also for the 3-6 yrs age group or for 14-18 yr-olds.

 

  1. Teacher Education

 

The well-known shortage of qualified and trained teachers, especially in the public education system and, within that, in tribal and remote areas, is acknowledged in NEP2020 but inadequately addressed. NEP2020 demonstrates a lack of interest by the Government in genuine expansion and strengthening the public education system, especially the number of teachers and other resources. Instead, NEP2020 suggests a highly impractical concept of school complexes, clubbing together schools within 10km radius and sharing of teachers.

The running thread of centralization and “Exam Raj” again comes to the fore in the NEP2020 proposal for a national Teacher Eligibility Test (TET), which is to be extended to all levels of education from foundation to secondary. This calls into question the quality of teacher training and the relevant degrees awarded by Universities.

The specialized skills required for teaching are devalued by the NEP2020 scheme under which Teachers all the way from Grade-1 right up to Grade -12 will go through the same 4-year integrated BEd degrees with one subject specialization. The existing system addresses the specific teaching requirements for each school stage, such as the BElEd programme for elementary school teachers. The NEP2020 scheme also introduces a 2-year BEd for Graduates and a 1-year BEd for post-grads, again underestimating the special training required to become teachers, and instead assumes that graduate or post-grad degree with brief training on teaching as such would be adequate. NEP2020 also introduces short-term courses of 2 weeks to 3 months for any person with or without adequate qualifications. These provisions will create under-qualified teachers adversely impacting quality of education, and will open the doors for commercialization of teacher training.

 

  1. Vocational Education

 

Vocational Education (VocEd) in India has historically been badly managed and understood. Till now, India has oscillated between entry-level vocational skills at the +2 stage in high school, and a weak system of ITIs in a few (now outdated) trades. In India’s caste- and class-ridden society stretching back thousands of years, the middle classes/upper castes received education while lower classes/castes received skills-training passed down from earlier generations. This casteist framework persists to this day, where a virtual ‘firewall’ persists between the education system and the skills system, ill-suited to a modern industrial economy where the work force requires not only advanced skills but also higher levels of knowledge in related areas. Only around 2% of the labour force in India has had any formal training whatsoever, compared to around 50% in China, 55% in the US, 80-85% in the EU and S.Korea, and over 90% in Japan. International experience, in both advanced industrial economies and middle-income developing economies as in South-East Asia, is that Vocational Education (VocEd) is part of tertiary education after school for young adults, after either completion of a full secondary education or achievement of some minimum levels there, with attainment of higher education levels along with skills training at the tertiary level.

There was some recognition of this in DNEP2019 which had correctly proposed a major shift in VocEd and had placed it in Higher Education Institutions, although there were several problems in the modalities suggested in DNEP2019 which had been highlighted in AIPSN’s response. However, this is rolled back in NEP2020 where VocEd is once again dragged back to the school system.

NEP2020 states that VocEd would be fully “integrated with the educational offerings of all secondary schools in a phased manner” and further, that towards this end, “secondary schools will collaborate with ITIs, polytechnics, local industry etc (NEP2020 Para 16.5).” DNEP2019 had proposed that such collaboration would more appropriately take place between HEIs and ITIs etc. Going further to even earlier stages of schooling, NEP2020 speaks of VocEd courses in Gr.6-8 including internships with artisans! These are all unwelcome backward steps for several reasons.

Encouraging adoption of VocEd in secondary school, takes away considerable time from the educational curriculum, and prevents children from obtaining a complete and well-rounded secondary education, considered by most modern nations to be essential not only for a competent work force but also for empowered citizens. The step can encourage drop-outs by making children think they are prepared for entry into the job market. However, skills and accompanying educational levels obtained in Gr.8-12 as proposed under NEP2020 can only be low- and entry-level qualifications, inadequate for most real-life industrial or service-sector jobs except at the lowest rung. All international Skill Qualification Frameworks (SQF) such as in the UK, EU, Australia etc, including at least on paper the NSQF to be adopted in India along those lines, place vocational skills along with +2 level educational qualifications at the lowest Level 1 or at best Level 2 with some post-school certificates or diplomas, all higher level SQF rankings requiring tertiary education and corresponding better and more sophisticated skills. Placing Gr.6-8 students in artisanal internships can encourage children to follow hereditary caste-linked occupations, and even secondary school VocEd will only enable semi-skilled or low-skilled vocations, going in the opposite direction to demands of an increasingly knowledge-based and higher-skilled economy.

The NEP2020 proposal to place VocEd in secondary schools also puts a burden on the already stressed school system with additional responsibilities, need for new teachers with adequate skills, experience and qualifications and, above all, expensive infrastructure in equipment/machinery for different trades/vocations. Schools are struggling even to have the most basic facilities such as science laboratories, and to expect them to be equipped enough to provide skill-training in a wide range of vocations is a pipe-dream. In the absence of skilled and qualified instructors and requisite equipment, most schools will end up providing low-level skills in a limited range of vocations, such as for instance carpentry or tailoring. As proposed, the entire schema is doomed to fail due both to practical unfeasibility and inability to meet stated goals.

It needs emphasis that we fully support and encourage introduction of co-curricular activities in different arts, crafts, trades and services, at least from Gr.9 onwards and even during Gr.6-8 if feasible subject to availability of facilities, in which all students participate. These courses would provide orientation and entry-level skills enabling students to gain insights into different vocations and assess their own interest and talent in different spheres which they may, or may not, pursue further after school towards a career. However, these courses in school should not be considered directly linked to jobs, and therefore the term “Vocational Education” is wholly inappropriate in school.

Finally, it needs to be noted that, contrary to the intensive discussions taking place in the industrial and corporate systems regarding the paucity of skills and related education in the work force in India, the NEP2020 proposals on VocEd have been placed in a vacuum, with no connection to industrial, employment and human resource planning, as is necessary, and as attempted in DNEP2019. It is also divorced from the National Skills Development Mission, which is proceeding completely independently, with little or no linkage with the educational system. Therefore NEP2020 and the government policy framework within which it is situated, completely fails to address the needs of Indian industry and economy, and will not meet the aspirations of India’s youth with regard to the knowledge- and skill-intensive economy of the future.

 

  1. Higher Education (HE)

 

Indian higher education after 1990 has already gone far down the path of privatization, with mushrooming of private higher education institutions (HEI) especially in professional courses like engineering, management and medicine. As much as 72.5% of undergraduate and around 60% of post-graduate enrolment in HEI is in private unaided institutions. Many of these have poor facilities and faculty, especially in technical subjects, but charge unregulated high fees and various under-the-table payments. However, they are still unable to ensure well-qualified and trained graduates. Public HEI still dominate in University enrolment, but even here the situation is changing rapidly due to the inroads made by self financing courses and autonomous colleges. In the past 5 years, 55 per cent of the total increase in university enrolment was in private universities and another 33 per cent in public open universities, not regular Central and State Universities where enrolment has stagnated or declined.

Public universities are meanwhile starved of funds for teaching, with almost no support for research, and are compelled to raise fees or otherwise commercialize. In keeping with overall trends, even many public HEI, especially in professional courses, have witnessed a significant increase in fees. All this reflects low and decreasing public investment in higher education, with consequent increase in privatization and commercialization, higher costs and reduced access for students from lower-income households, and lower quality of higher education in an unregulated environment.

There is certainly considerable need for reform in higher education from the point of view of both students and employers. Frustration arising from the current unsatisfactory situation often prompts demands for change and a tendency to accept promises of improvement. This has also been witnessed in public response to earlier new education policies which have proposed major even radical reforms, only to later completely fail to deliver on any of them.

NEP2020 similarly is full of lofty phrases, flowery language and appeals to aspirational sentiments of students. However, the concrete proposals actually do not offer socially desirable and practically feasible solutions to the fundamental problems outlined above. Some are completely impracticable and are therefore likely to fall by the wayside, and many proposals are such as to exacerbate privatization and commercialization, raise costs, and reduce access to socially and economically deprived sections, while negatively impacting quality with the possible exception of a few elite and expensive institutions which will be out of reach of the vast majority of students. Some of the major proposals of NEP2020 are examined below.

NEP2020 makes the highly disruptive proposal to completely do away with affiliated colleges and move towards large, multi-disciplinary campus-based Universities or HEIs which would offer courses across all disciplines and categories, with a selected set of colleges becoming Autonomous Colleges with powers to grant degrees. All the multi-disciplinary HEIs will offer 4-year undergraduate courses with entry and exit points after each year with Certificates, Diplomas, Advanced Diplomas and Degrees. It is necessary to understand the significance of these proposals and their impact on quality, cost and access to education.

Large multi-disciplinary campus-based universities offering courses across all disciplines would of course be welcome, wherever feasible in terms of space, infrastructure and facilities. However, many existing universities will not have the land, buildings or funds to expand their campuses as called for in NEP2020, and may also be unduly diluting their specialized capabilities. Meanwhile, the NEP2020 proposal would also lead to large-scale closure of affiliated colleges, severely impacting access to higher education of rural, SC/ST and socio-economically deprived sections.

The NEP2020 also proposes that even existing specialist professional institutions, such as IITs would be required to include humanities and social sciences courses in their offerings and become fully multi-disciplinary. There can be no objection in principle, and most IITs for example already offer such courses. However, there are limits to such expansion, and many practical limitations should be respected, especially so that specialized capabilities are not lost or unduly diluted. For instance, it would make no sense to insist that specialist medical institutions like AIIMS or PGIMR, IIMs, National Law School Universities, are compelled to offer a wide range of courses in the sciences, engineering or humanities. It should also be noted that specialized technical universities such as MIT or Caltech in the US, whose model is clearly sought to be replicated in India by NEP2020, retain their core technical specializations while offering some humanities courses, somewhat like the IITs, albeit on a much larger scale. MIT and Caltech have 5-6 Schools in technical disciplines and 1 School for all humanities and social science disciplines, but no law or specialized business schools and programmes. NEP2020’s proposal to compel all Universities/Institutions to transform into multi-disciplinary campuses in this regard will either collapse under its own contradictions or will simply not take off except in a few cases where there are large corporate profiteering interests.

NEP2020’s proposal for 4-year undergraduate degrees with entry and exit points after each year with different Certificate/Diploma qualifications defeats the intention to expand higher education. The proposal provides for multiple entry and exit points. The purpose of providing different points of lateral entry and exit, as provided for in HEI in other countries, is to enable lateral transitions between industry and education, providing opportunities for life-long education to people to upgrade their qualifications as desired at different point of their careers. This requires separately designed Certificate or Diploma Courses representing different levels of the SQF. This is very different from finishing, say, the first year of a 4-year course for a Certificate or two years of the 4-year course for a Diploma. Such a schema will not enable obtaining the requisite upgraded qualification for mid-career learners, and on the other hand will destroy the integrity of the 4-year Bachelor’s degree.

Some of the affiliating Colleges would be granted autonomy based on their grading in a ranking system and declared as Autonomous Colleges empowered to grant their own degrees. Experience with Autonomous Colleges so far, for instance in Delhi, has shown that it only means privatization of such Colleges, de-regulation as regards higher fees and poor working conditions for teachers, and the freedom to offer tailor-made short-term courses, all for further commercialization of higher education.

Indeed, the NEP2020’s intent of commercialization of education is clearly reflected in the corporate structures suggested for HEIs. Each HEI is to independently form its own Board of Governors (BoG) which would then take full control over all affairs of the University/HEI. Teachers are likely to be major victims of the NEP2020’s corporate-style governance of HEIs, since Teachers’ pay, type, tenure of employment, promotions etc will all be decided internally by each HEI BoG with no uniform standards or norms prescribed by government. Performance assessment would also be subjective and free from any oversight or regulation.

Within this neo-liberal landscape of privatized and corporatized HEIs, foreign universities are proposed to be invited to operate in India. Since they are being invited as “centres of excellence,” they would implicitly set a standard or act as role models for Indian universities to follow, including corporate styles of governance, market-oriented course structures, casual or contract employment of teachers, and high fees.

A centralized National Research Fund (NRF) is proposed to be set up in addition to the many agencies that already provide research funding. Only NRF will provide public funds for research to both public and private Universities.

Again, as in other neo-liberal corporate sectors of the economy, there is no space at all in NEP2020 for democratized governance of HEI. Teachers and Students have no role to play in Universities, other than as “consumers”.

The heavy hand of the Central Government is visible in the NEP2020 proposal to constitute multiple Central Institutions such as a Higher Education Council (HECI) at the apex accompanied by NHERC for regulation, NAC for accreditation, HEGC for grants, and GEC to frame outcome standards. Assessments of outcomes would also be done centrally, which may well determine ratings, accreditation and funding. While there is much talk of educators and persons of eminence being selected for these institutions, given experience with the present ruling dispensation in different sectors, the dominant role of the political executive is obviously to be expected.

A national examination for entrance to HEIs will also be conducted by a Central Agency, even though the value of this exam is open to question since, according to NEP2020, “It will be left up to individual universities and colleges to use NTA assessments for their admissions (NEP2020 Para 4.42)”. The relevance of Central and State Boards, and exams conducted by them are also therefore open to question. How State Universities and other State-level HEIs are expected to function is not separately addressed by NEP2020, clearly implying that all HEIs in the country will be governed by these Central agencies operating under the Central Government.

 

  1. Adult Education and Life long Learning

The whole concept of Adult Education is diluted as regards both purpose and delivery. Firstly, there is no focus on basic literacy, and life-long education is treated in a very casual manner. Secondly, focus is again on on-line transactions through digital primers and supplementary books.

Even earlier there was a shift away from the mass campaign approach pioneered by AIPSN/BGVS to a convergence-based approach during earlier Saakshar Bharat programme, bringing together different government schemes to facilitate adult education. Now, despite acknowledging that the mass campaign approach had yielded substantial dividends, NEP2020 goes back to outdated concepts of the 1980s emphasizing school-based approaches, “each one, teach one,” or by involving student volunteers for basic literacy and dependence on linkages with other programmes for life-long learning. These activities are supposed to take place in school buildings after teaching hours, which again will limit access to basic literacy and life-long education

There is also a systematic dismantling of the 4-decades old academic and professional institutions like Department of Adult Education (DAE) and State Education Resource Centres (SERCs) by locating resource support in NCERT and SCERTs, which have academic and technical capabilities for formal education rather than non-formal education, thus losing institutional memories and decades long proven experience of alternative approaches.

 

 

AIDWA and AIPSN to Launch Joint Campaign Against Misinformation around COVID-19 : From Newsclick

Read the newsclick story here

‘Under cover of the epidemic, attempts are being made by the Sangh Parivar to bolster socially conservative values, communal prejudices and patriarchal notions.’

The All-India Democratic Women’s Association (AIDWA) and the All India Peoples Science Network (AIPSN) will hold a joint campaign against the various superstitions and alleged cures which have been peddled for COVID-19, beginning July 23.

The campaign will kick off on Thursday, the death anniversary of Dr. Lakshmi Sahgal, a freedom-fighter and one of the founding members of AIDWA. Its last day, August 20, was the date on which anti-superstition campaigner Dr. Narendra Dabholkar was murdered by right wing obscurantist forces,” the campaign note said.

The campaign is being launched at a time when solutions like banging plates and untested ayurvedic medicines are being touted as inhibitors or a cure for the novel coronavirus, vaccines for which are under development in various countries, including India.

“Many traditionalist practices which have no proven impact on COVID-19 are being advocated as cures or as having preventive properties. Under cover of the epidemic, attempts are being made by the Sangh Parivar to bolster socially conservative values, communal prejudices and patriarchal notions. This must be resisted unitedly by progressive and democratic forces,” the joint-campaign note said.

The note added that governments, except for Kerala, resorted to “knee-jerk” reactions and a “badly implemented” lockdown to contain COVID-19, and Prime Minister Narendra Modi led the way in exhorting citizens to clap and light diyas to contain the spread of the virus.

The organisations mention that the prescribed remedies included “a number of home remedies like drinking warm water, standing in the sun, growing certain plants at home and so on. Such untested beliefs gained considerable popularity until, under pressure from scientists and people’s organizations and movements, public messaging became more coherent and science-based.”

The note said that such ‘methods of treatment’ have been allowed to foster even by government representatives and spokespersons of the BJP. Such remedies also included Baba Ramdev’s Patanjali coming up with an alleged cure for COVID-19.

The organisations also mention that questionable practices have been adopted by people in states like Rajasthan, Bihar, Tamil Nadu, Odisha and Telangana. Citing attempts made by the right-wing to label the Tablighi Jamaat as a ‘super-spreader’ in the initial days of the COVID-19 fight, the note said that “any rational and unbiased person would understand that the problem is not with the particular religion, but with the practices adopted. Here obscurantist forces are deliberately fanning and spreading communal prejudice, while at the same time devaluing science and rational thought and distracting everyone from governments’ responsibility to provide quality medical care.”

“The campaign would resist attempts by the government and obscurantist forces to take us backwards, and instead uphold the values of secularism, gender justice, critical thinking and scientific temper, all of which are essential for building a forward-looking, democratic society,” the note added.

Joint campaign by AIPSN-AIDWA: Science, not superstition, will help us tackle Covid-19

Science, not superstition, will help us tackle Covid-19.

Background note for a nation-wide AIDWA- AIPSN  campaign

 

Read here the campaign note in English , in Hindi 

Read here the Newsclick story on the joint campaign

 

On 23rd July 2020, All-India Democratic Women’s Association (AIDWA) is commemorating the eighth death anniversary of Captain Lakshmi Sahgal, the revolutionary freedom fighter and tireless campaigner for progressive ideals, democratic rights, gender justice, and an upholder of the scientific outlook throughout her life. She was one of the founding members of AIDWA in 1981, and played a crucial role in taking the organization into the Hindi heartland. As a doctor based in Kanpur, UP, her clinic was a nodal centre for the organization, attracting women seeking medical help and unable to afford it; as well as a site for interaction and meetings of activists. Fortunate were the thousands of babies delivered there, as the parents did not have to worry about becoming impoverished in the process!

 

The All India Peoples Science Network (AIPSN) comprising 37 OrganizatioWwAns all over India, joins AIDWA in remembering and celebrating the enormous contributions of Dr. Lakshmi Sahgal. Significantly, she played a leading role in the founding of the Network in 1987 and was a champion of the battle against obscurantism, and for promotion of scientific temper.

 

The life and work of Dr. Lakshmi Sahgal assumes even greater relevance during the on-going Covid-19 epidemic during which obscurantist forces are playing on the fears of the people, particularly women, to spread superstitions and pseudo-scientific beliefs. . Many traditionalist practices which have no proven impact on Covid-19 are being advocated as cures or as having preventive properties. Under cover of the epidemic, attempts are being made by the Sangh Parivar to bolster socially conservative values, communal prejudices and patriarchal notions. This must be resisted unitedly by  progressive and democratic forces.

 

The message of science

The Covid-19 pandemic hit India in January 2020, and presented a challenge in the early days even to public health experts, doctors and scientists who were still learning about the novel Corona Virus. The Central Government and most State Governments, with the notable exception of Kerala as recognized worldwide,  were quite late in putting together a  coherent, rational understanding and communicating it effectively to the people. A knee-jerk  and badly implemented lock down, dramatic gestures like lighting diyas, clapping, hands, etc, initiated by none other than the PM himself, did not help matters.

 

Not surprisingly, as people desperately sought relief and protection from Covid-19, all kinds of myths and beliefs proliferated to fill the gaps. These included a number of home remedies like drinking warm water, standing in the sun, growing certain plants at home and so on. Such untested beliefs gained considerable popularity until, under pressure from scientists and people’s organizations and movements, public messaging became more coherent and science-based. AIPSN and other organizations of scientists, doctors and public health experts have been at the forefront of informing the public about the correct do’s-and-don’ts related to Covid-19 derived from WHO and ICMR guidelines and expert opinion. A number of popular practices  and home remedies gain acceptance as remedies because in 80% of cases the disease is self-limiting and the patient recovers without much intervention. .

The challenge meanwhile is to stop obscurantist forces and vested interests from using the uncertainty which still prevails, to spread their ideology, and to make their profits. The promotion of do-it-yourself home remedies or traditionalist treatments combine with misleading messages that “no treatment is available for COVID 19” and to distract from the governments failures to provide affordable quality medical care through rapid expansion of public health services. Although there is as yet no curative allopathic medicine, the scientific and medical communities have learned much about the virus and its effects, and are applying this knowledge in testing and treatment of Covid-19, especially in hospital settings with or without oxygen or ventilator support. Further, the search for definitive treatments and vaccines for prevention continues with emphasis on scientific validation especially through clinical trials so as to ensure safety and efficacy.  This isthe scientific approach. Unfortunately, some treatments are pushed even within modern medicine, cutting short scientific procedures, by corporate interests and their supporters in positions of power or influence, motivated by greed for profits or misplaced national pride. The undue haste in pressurizing hospitals to unrealistically accelerate clinical trials of a vaccine candidate, perhaps just to enable a triumphant announcement from the red fort on Independence Day, is a case in point, thwarted only by concerted opposition by the scientific and medical communities and informed public opinion.

Countering pseudo remedies and false propaganda

Some false remedies and fake claims take the form of peddling Covid “cures” or “treatments” in the name of Ayurvedic, homeopathic or other traditional formulations. None of these have any foundation even within these traditions, nor have they been subject to any scientific trials. Yet many such claims have been allowed to propagate. Even some Ministers at the Centre and in several States have made such claims. When the Union Health Minister or leading Government spokespersons were challenged on such claims, they have shied away from outright debunking them, instead saying they may be the “personal beliefs” of those Ministers or leaders.

 

The atrocious and brazen claim of a supposed Ayurvedic “cure” from Baba Ramdev’s Patanjali conglomerate emerged from this trend. The formulation from the Sangh Parivar-linked, politically well-connected Baba was all set for commercial launch based on  spurious “clinical trials,” when a public outcry by scientists, doctors and informed citizens forced the  Health and AYUSH Ministries to debunk this claim and even declare readiness to invoke the law against “magical cures and remedies.” Nevertheless, many so-called immune-boosters and other concoctions to supposedly help people fight-off Covid-19 continue to be propagated, cleverly taking care only not to use the word “cure!”

 

Pseudo-scientific claims have got validated because the party in power and supporting social forces have gone along with such notions. The Prime Minister’s calls for people to come to balconies or doorsteps and clang vessels, and later to shine torches or light lamps, to express support for doctors and health workers, were followed by twitter storms and social media posts claiming that India’s anti-Covid lamps were seen from space by NASA, or that “powerful radiations” or “vibrations” from these public displays would destroy the Corona Virus! No efforts were made by any Government or Sangh Parivar leader to contradict any of these fantastic claims. (Suffice it to say that the virus continues to spread alarmingly!) These kind of claims are being used not just to magnify the PM’s “superpowers,” but also to undermine the influence of science, rationality and critical thinking in society.

The Sangh Parivar and linked forces have also used the Covid19 pandemic to spread communal poison. One highly regrettable mass religious gathering in Nizamuddin, which acted as a superspreader, was used systematically over several months to demonize a particular religious minority as the major cause behind the pandemic. This was carried forward to stigmatize the entire community by spreading false rumours that positive cases from this gathering were deliberately spitting on others to spread the virus, or that buying vegetables from vendors belonging to this community was dangerous etc. The simple fact is, as science teaches us, that it is not the religion that matters but that there was a large gathering, with no physical distancing or other precautions being taken. Indeed, a recent occurrence at arguably the most popular temple in the country where large numbers of priests and devotees have been infected, sharply underlines this fact.

 

The Sangh parivar and linked forces have been utilizing social media to propagate superstitions, communal, traditionalist and obscurantist beliefs in a big way, which have to be countered, through powerful media campaigns of our own based on science.

 

Unmasking the use of religion to reinforce patriarchy. 

The other dangerous development is the invocation of supposed religious beliefs to reinforce obscurantist views and customs, especially by giving it a gender twist, with the virus being personized as an angry goddess. Observations made by AIDWA activists from different states provide some disturbing instances of this growing trend.

In Rajasthan, some well-known temples were surreptitiously opened despite the government’s ban on opening places of worship, by spreading rumours that the doors of the temple had opened “by themselves” and people, especially women, should offer prayers there to “placate the Corona virus.” Women have been told to dip their hands in kumkum water, or in cow dung in UP, and put their imprints on the walls of their homes to pacify “Corona Mai (Devi).”        In parts of Bihar, women are being prompted to go to nearby rivers, dress up and carry sindoor, bindi, sweets etc and take a dip just as they would during Chhat Puja, to appease an angry “Corona mai.” In some places, women get “possessed” and exhort “Corona mai” to go away. Unfortunately, it is observed that women from Dalit and OBC families are especially influenced to act in this manner. The idea of an angry “Corona goddess” is also being propagated in Uttarakhand and West Bengal.

Such notions of an angry or dangerous Goddess who must be appeased have been witnessed earlier too in India. Small pox was associated with female Goddesses, for example Mariamma in Tamil Nadu, and the pox itself was known as “Mata/ Amma/Ammai etc,” as chicken pox, measles etc are often termed even today. Part of this derives from ancient quasi-religious beliefs but also stem from deep-rooted patriarchal culture and ideologies ascribing evil, dangerous and power-hungry characteristics to women as witches, daayin etc.

In Telangana, pro-Sangh Parivar forces, often led by women, are leading “prabhat pheris” or dawn marches, propagating the idea that the Covid epidemic has struck because women have stopped performing pujas and other sanskari or traditional practices, and calling on them to restart them so as to drive away the Corona Virus. The intention is clearly to reinforce traditional patriarchal culture with a subservient role chalked out for women within the lakshman rekha drawn around the home.

In Odisha, pro-Sangh Parivar outfits have been campaigning that temples should not have been closed, and that the Supreme Court did not permit the Rath Yatra because it is pro-Muslim and pro-Christian! In fact, places of worship of almost all religious denominations have been kept closed by the respective religious institutions themselves and by government guidelines.  Where this has not happened, or has happened without observance of physical distancing and hand-hygiene, it has resulted in Covid positive cases spreading from such gatherings. Any rational and unbiased person would understand that the problem is not with the particular religion, but with the practices adopted. Here obscurantist forces are deliberately fanning and spreading communal prejudice, while at the same time devaluing science and rational thought and distracting everyone from governments’ responsibility to provide quality medical care.

In this context, AIDWA and AIPSN would launch joint campaigns starting from 23 July 2020 to combat propagation of superstitions and irrational beliefs by obscurantist forces. We will take inspiration from great fighters like Captain Lakshmi Sahgal, to arm people with science as against superstition, and to demand that the scientific temper enshrined in the Constitution be widely promoted. The campaign would resist attempts by the government and obscurantist forces to take us backwards , and instead uphold the values of secularism, gender justice, critical thinking and scientific temper, all of which are essential for building a forward-looking, democratic society.

 

The Joint AIDWA-AIPSN Campaign would be conducted throughout the country from 23rd July 2020 at least till the National Scientific Temper Day on August 20, the black day on which anti-superstition campaigner Dr.Narendra Dabholkar was murdered by right wing obscurantist forces.

 

 

 

AIPSN Statement on Covid-19 Vaccines and Treatment Drugs

Click here for Press Release of AIPSN5JulyStatementonVaccinesandDrugs

AIPSN Statement on Covid-19 Vaccines and Treatment Drugs

India must follow Transparent, Reliable, Scientific Clinical Trials Protocols

Development of vaccines and medicines that treat Covid-19 are extremely important elements in the ways to overcome the Covid-19 pandemic. Around 150 vaccine candidates are currently undergoing pre-clinical and clinical trials globally, though none are yet available. However urgent the need, this vaccine development must also ensure both efficacy and safety, otherwise it will endanger the efforts to overcome Covid-19 and also vaccine programmes against other infectious diseases.

Scientists working in the National Institute of Virology (NIV) under the ICMR and Hyderabad-based BBIL have developed an inactivated vaccine candidate, BBV152 COVID, using a virus strain isolated in NIV. BBIL got approval for Phase 1 and Phase 2 trials on June 29 from the Central Drugs and Standards Control Organisation (CDSCO) as part of the fast-tracking of the process even while pre-clinical animal trials are still underway. According to the submission of BBIL with the Clinical Trials Registry of India (CTRI) also under ICMR, the enrolment for Phase 1 was to begin from July 13th and the duration of the trial covering all the three stages was to be 15 months. 12 hospitals with widely varying track-record and experience in vaccine trials have been selected for the purpose by ICMR in an entirely arbitrary and non-transparent manner.

On July 2nd, Dr. Balram Bhargava, Director General, ICMR, who is also Secretary, Health Research in the government, sent a letter to BBIL with copies to the 12 chosen hospitals for the trials saying that “it is envisaged to launch the vaccine for public health use latest by August 15th, 2020,” that is in less than 6 weeks compared to the planned 15 months.  The letter demands that subject enrolment be initiated no later than 7th July 2020, even though the CTRI registration itself shows July 13th as enrolment initiation, leaving no time for proper consideration and approval by the respective institutional ethics committees. Finally, the letter threatens these hospitals that “non-compliance will be viewed very seriously,” adding that the vaccine project is “being monitored at the top most level of the Government.”

Since “top most level of government” has been invoked, DG ICMR’s deadline appears for enabling the Prime Minister to announce “successful development of a Covid vaccine by India, before any other country,” from the ramparts of the Red Fort on Independence Day. However, as India’s premier scientific and medical research body, ICMR knows well the rigorous protocols required to be followed for vaccine trials, and therefore also that a deadline of 6 weeks to complete all three phases is scientifically absurd downright dangerous, and will cause serious damage to the reputation of Indian science and research. A desire to grandstand and please the political masters seems to have overtaken science and ethics within ICMR.  AIPSN deplores the emerging trend in India of short-circuiting established protocols for trials of Covid19 vaccines and treatment drugs.

Earlier, there was the instance of Coronil, an ayurvedic mix sought to be launched for treatment of Covid-19 by the Patanjali group headed by Baba Ramdev, based on spurious, improperly conducted and assessed clinical trials. . After uproar by scientists and in the media, the AYUSH ministry prohibited Patanjali from selling or advertising Coronil as a treatment for Covid-19. However, nothing was done about Patanjali not following due process of clinical trials and approvals. Glenmark obtained approval from DCGI for Covid19 treatment without any trials in India for manufacture of the antiviral drug Favipiravir. At a cost of Rs 103 a tablet and needing 122 tablets for a full course, the company stands to make a killing in profits. Highlighting the dangers of such hasty approvals without due process, the Lok Nayak Hospital in Delhi recently decided to stop using Favipiravir for Covid19 treatment following observations of problems in heart rate and uric acid levels in patients.

ICMR has also persisted with guidelines to administer Hydroxychloroquine (HCQ) to frontline health care workers and care-givers for patients in home isolation as a prophylactic. It is supposedly a ‘trial’ but without the strict protocols required for a trial. This despite published results of international trials showing lack of efficacy and possible adverse side-effects, and WHO guidelines against use of HCQ.

AIPSN demands that the due process of scientific trials be followed strictly and transparently for all Covid19 candidate vaccines and treatment drugs, regardless of systems of medicine, and overcoming temptations to make haste prompted either by corporate greed or false national pride.

AIPSN calls for a globally coordinated effort that puts people before profits to make drugs and vaccines that will be available free to the public and with allocations to countries made as per needs without any discrimination instead of the current perverted race to develop drugs and vaccines driven by jingoistic-nationalism and corporate profits.

AIPSN demands that the efforts of the scientists who came up with the BBV152 COVID vaccine candidate, or others likely to come up in the near future, not be wasted by such unseemly political pressures which compromise the safety of people by not following due process and which is highly likely to bring Indian science and research into disrepute.

 

 

For clarifications contact:

P. Rajamanickam  9442915101    D. Raghunandan  9810098621

 

 

Press Release of the statement on AIPSN Response to Draft EIA Notification 2020

Click here for AIPSN-Press-Release-Statement-on-EIA-2020-July3

 

Press Statement on

AIPSN Response to Draft EIA Notification 2020

            It is deeply regrettable that the Union Ministry of Environment Forests & Climate Change (MoEFCC) has decided to press ahead with the Draft EIA Notification 2020 (hereafter Draft EIA 2020), despite many Organizations and Experts calling for extending the period for responses beyond 30 June 2020 given the continuing restrictions related to the Covid-19 pandemic. These restrictions have prevented grassroots level consultations, especially with nature-dependent and marginalized communities, that are required for fruitful public participation in discussions on Draft EIA 2020.

Nevertheless, the All India Peoples Science Network (AIPSN), comprising 40 Peoples Science Organizations in 25 States/UTs, has held extensive consultations to the extent possible and has submitted its considered Response to Draft EIA 2020. While our response (click here or here ) contains clause-by-clause critiques and recommendations, a brief summary of salient points is presented here.

            The present Government, since it first took office in 2014, has embarked on a determined course to severely dilute Environmental Regulations and norms in India, and weaken monitoring by regulatory agencies, so as to advance the “ease of doing business” and give corporates greater freedom to set up and run projects at the cost of the natural environment, and at the expense of lives and livelihoods of hundreds of millions of people dependent on it.  Environmental Regulations and systems for appraisal, approval and monitoring of projects have been painstakingly built up over the years under pressure from civil society organizations, affected communities and experts in the environmental and broader scientific community, all of whom have sought sustainable development while protecting the natural environment which sustains life itself.

Unfortunately, far from tightening these norms and closing the many loopholes that have crept in under pressure from vested interests, Draft EIA 2020 has further weakened environmental regulation, and reduced transparency and accountability. In fact, several provisions specifically seek to circumvent National Green Tribunal (NGT), High Court and even Supreme Court rulings based on EIA 2006 and objecting to many Orders/Notifications issued from time to time.

The major objectionable changes sought to be introduced through Draft EIA 2020 include:

 

        re-classification of various types of Projects, with a number of them potentially having considerable environmental impact being placed in Category B2 under which no Appraisal or public consultation/hearing is required: eg. Oil and Gas exploration (such permission was given in the fertile Cauvery delta region leading to farmer uproar in Tamil Nadu and subsequent withdrawal of permission), Water Aerodromes, River Waterways and other projects requiring dredging of river beds (cleverly dropped in Draft EIA2020 from the definition of “capital dredging” which it clearly is), Construction and Area Development Projects of 20,000-50,000 sq.m area (NGT had earlier ruled against an attempt to exempt projects of 20,000 to 150,000 sq.m , therefore this attempt in Draft EIA2020); and “linear projects” which would only be appraised and public consultations held in those districts of National Park, Sanctuaries or Coral Reefs through which they pass (exempting huge tracts through which pipelines etc may traverse)

        another set of Projects with significant environmental impact are now exempted from obtaining Prior Environment Clearance, (a provision originally meant for artisan groups such as Potters etc for excavating of clay) such as Solar Photo Voltaic (SPV) power projects, Solar Thermal power plants, Solar Parks, coal and mineral exploration, and another vague category of “R&D Projects,” Minor Irrigation Projects of upto 2000 ha command area, Hazardous Waste recycling units etc, Defence and Explosives Manufacturing Units,

        defence and national security projects, including projects deemed to be “strategic” by the Central Government,” are to be exempt from Appraisal and public hearings, with the added proviso that that “no information relating to such projects shall be placed in public domain:” classified information of military/security projects need not be disclosed, but external aspects with impact on environment such as area covered, construction in coastal regions, air pollution and/or liquid effluents discharged etc should be disclosed and appraised; further, the declaration of some projects as “strategic” is vague, non-transparent and open to misuse for hiding all kinds of projects from public scrutiny

        notice period for public to respond to Public Consultations reduced from the earlier already inadequate 30 days to a mere 20 days now

        among the most egregious provisions of Draft EIA 2020 related to violations i.e. projects starting construction or operations or expansion/modernization without receiving prior Environment Clearance (EC) would henceforth be given post-facto EC and permitted to continue after paying small fines: (the Vizag LG Polystyrene plant was operating without EC and was seeking post-facto approval) NGT and Supreme Court  have repeatedly ruled post-facto EC to be violative of environmental laws, and Draft EIA 2020 attempts to subvert these rulings by incorporating such provisions in the Notification  

               

 

For clarifications contact:

P. Rajamanickam  9442915101    D. Raghunandan  9810098621

 

 

Comments and observations from AIPSN on draft EIA notification 2020

Click here to see the email submission of this response to MoEF&CC

Click here for the pdf of the submitted response

AIPSN Response to Draft EIA Notification 2020

AIPSN Organization, is a Network of 40 major State-level Member Organizations and is the largest network of organizations working on science and society issues focusing mainly on S&T policy, impact on people particularly the poor and marginalized, and promotion of scientific temper. We were among those who had asked for an extension of the earlier deadline for submitting responses to the Draft EIA Notification 2020 to the Ministry of Environment, Forest and Climate Change (MoEFCC) and are grateful for the extension till 30 June 2020. However, it would have been better if some more time had been given to enable wider consultation and more intensive discussions, which have been highly constrained during the Covid19 pandemic and the various restrictions imposed during it. In any case, we are submitting our Response based on internal deliberations and discussions with different grassroots groups and communities within the constraints of time and Covid19-related restrictions.

In broad terms, we have been observing that the MoEFCC has been issuing various notifications and orders, besides taking many decisions that dilute earlier environmental regulations. Perhaps these steps are being taken because the Union Government feels that this will assist in raising the rank of India in international “Ease of Doing Business” indices. However, in our considered opinion, these dilutions have had a negative impact on the environment and on the lives and livelihoods of hundreds of millions of people dependent on it. It has also emboldened manufacturing, mining and infrastructure industries to start projects and conduct operations in an environmentally destructive manner and without consideration for affected communities. We feel the Draft EIA Notification 2020 too is yet another step in the same general direction and further dilutes rather than strengthens environmental regulations in India which is the true mandate of the MoEFCC. We also wish to point out that all these measures put together will have a cumulative impact on India’s Sustainable Development Goals targets which the country has committed itself to in international fora.

With this background, we offer the following responses to different specific provisions in the Draft EIA Notification 2020 (henceforth Draft EIA 2020) for your consideration and also insist that the responses received and discussions be placed transparently in a public accessible website.

 

  • Introductory Paragraphs: At the outset, Draft EIA 2020 begins by giving a background referring to the earlier EIA Notification 2006, the necessity it spelled out for Prior Environmental Clearance (Prior-EC) by the Centre or the concerned State, the 2017 Notification dealing with violations especially starting construction, undertaking expansion or making modifications, and various Judicial and NGT rulings calling for strengthening of monitoring and compliance. It is then stated that the main purpose of Draft EIA 2020 is to “lay down the procedure to bring such violation projects under the regulations in the interest of the environment at the earliest point of time rather than leaving them unregulated and unchecked, which will be more damaging to the environment.” However, detailed perusal of the different provisions made in Draft EIA 2020 show, as discussed further below, that in fact Draft EIA 2020 does not strengthen compliance with environmental regulations but dilutes these very provisions and condones violations, thus weakening environmental protection and regulation.

 

2)  Clause 3: Definitions– Some definitions in Draft EIA 2020 have serious implications. While these have discussed under relevant Clauses where they appear, brief mention may be made here at the outset itself.

 

  1. Clause 3(8) Capital Dredging is defined as “removal of virgin material from the sea bed” alone, and does not cover non-maintenance dredging of river beds, contrary to EIA Notification 2006 which covered both. This is important because capital dredging of river beds for new projects can have considerable environmental and social impact especially on fishers and others. It is strongly urged that the term Capital Dredging include sea as well as rivers and other fresh water bodies.
  2. Clause 3(16) Corporate Environmental Responsibility (CER) defines it to mean that part of the Environment Management Plan (EMP) which the project holder is mandated to implement in the immediate surroundings of the Project arising ether out of the public consultations/hearings or the EIA conducted for the Project. This is an unnecessarily restrictive definition of CER. The EMP covers what the Project holder is required to do as part of the Project itself and should be counted as part of Project Costs, whereas CER should be what the project holder does over and above the EMP as a part of the company’s responsibility towards the environment and society in general, much like Corporate Social Responsibility.

 

  • Clause 4(3) defines Permissible Construction work before Prior-EC/EP as erecting fencing around the project site, but allows “leveling of land without tree felling” and “geo-technical investigations if any.” Levelling of land can fundamentally alter the use of the land after such activity and should not be permitted. Geo-technical investigations which could include test-wells, mineral prospecting could also have serious, even irreversible impact on the environment and should not be permitted without Prior EC/EP.

 

  • Clause 5. Category B2 Projects exempt from Appraisal and Public Hearing     Several types of Projects and activities have been placed by Draft EIA 2020 under Category B2 under which no examination by the Appraisal Committee at either Centre or State/UT level is required, and Prior-Environment Permission (Prior-EP) may be obtained at the relevant level without such Appraisal. Such Projects are also exempt from the requirement for Public Hearing/Consultation. Various types of Projects or Activities placed under Category B2 as Listed in the Schedule include many Projects/Activities with significant impact on the environment, as well as in most cases and on human lives and livelihoods as well, and hence require EIA, Appraisal and Public Hearing. Therefore, the following types of Projects/Activities listed in the Schedule under Category B2 should be shifted to Category B1 (or as otherwise indicated) requiring EIA, Appraisal and Public Hearing, with brief justification for such a shift with additional comments being offered against each:

 

  • Item 2a) Oil & Gas Exploration: Even exploratory drilling can have serious environmental and related human impact as evidenced by public protests in the fertile Cauvery delta region in Tamil Nadu against permissions given earlier this year. The very recent blowout and fire at OIL Well No.5 in the Baghjan Oil Fields also saw an adjacent exploratory workover, with subsequent order by the Assam State Pollution Control Board to close all OIL wells in the area in view of the perceived risk in the whole region, although the order was later withdrawn for reasons best known to them. Further, if exploration yields positive results, this increases likelihood of EC being granted for actual drilling and operation of oil/gas wells with even further environmental impact especially in ecologically sensitive areas. Thus such Projects/Activities be shifted to Category B1.

 

  • Item 10f) Foundries, Rolling Mills etc: Such Projects, which are not too small, may also be problematic and may be shifted to B1.

 

  • Item 16) Chlor-Alkali/Halogen Units: Plants with capacity < 300 tons/day have been placed in Category B2 provided they are located within Industrial Estates. However, since many Industrial Estates are located near population centres, or population centres have come up near these Estates, proper EIA and Appraisal should be done under Category B1.

 

  • Item 32) Water Aerodromes for Commercial Use can have considerable environmental impact on coastal or river/lake ecosystems and therefore should be removed from Category B2 and placed in Category B1.

 

  • Item 34) Various EEZs, Industrial estates: Estates/Zones over 500 ha and without any Projects of Categories A and B1, along with Estates/Zones of any area if it houses at least 1 Category B2 Project, are in Category B2 which is an over-generous leeway given, for instance Estates/Zones of massive size with potential for causing huge environmental damage would be exempt from appraisal! Only Estates/Zones under 500 ha with only Category B2 Projects should fall under this Category.

 

  • Item 37) Capital Dredging for Inland Waterways Projects can have considerable ecological damage along river banks and river beds and require Appraisal. Anomaly arises in the case of Inland Waterways classified as B2 because “Capital Dredging” has been defined wrongly as applying only to sea-based projects (as discussed above), so these should be shifted to Category B1.

 

  • Item 42) Construction & Area Development Projects have been a contentious issue for long. The government had earlier exempted all area development, housing and other construction projects between 20,000 and 150,000 sq. metres from the need to obtain environmental clearances, placed them under the purview of local authorities which would integrate environmental requirements into building bye-laws and approvals. This was however overruled by the NGT as a violation of the 2006 Notification. Draft EIA 2020 now attempts to skirt this ruling by placing Projects of 20,000-50,000 sq.mts of built-up area in Category B2 and exempting them from Appraisal, while requiring only Projects of 50,000-1,50,000 sq.mts of built-up area to seek Appraisal. Such Projects have also been exempt from Public Hearing. It is recommended that all Projects having more than 20,000 sq.mts build-up area be placed in Category B1, and all Projects with built-up area more than 1,50,000 sq.mts be placed in Category A.

 

  • Clause 5(7) Defence, Security and “Strategic” Projects This clause specifies that all projects concerning national defence and security, or involving “other strategic considerations as determined by the Central Government,” shall require prior EC/EP from the Ministry whatever the original category of the project, which is understandable since defence is exclusively a Union subject. However, it is disturbing that the clause further states that “no information relating to such projects shall be placed in public domain.” There are two distinct unacceptable provisions here.

First, many such projects such as shipyards, testing ranges, coastal military bases etc can and do have considerable ecological and social impact. It is a patent infringement on the right to life and livelihoods of affected communities that they do not have access to any information based on which they could object to or otherwise voice their concerns with respect to such Projects. Military or intelligence matters relating to specific projects need not be placed in the public domain but other relevant facts such as area and number of villages to be covered, discharges into the air and onto land, sea, river or other water bodies etc should be disclosed so that affected parties may assess potential ecological and social impact.

Secondly, blanket authority bestowed on the Central Government to deem any project as involving “strategic considerations” allows for too much leeway to arbitrarily declare all sorts of Projects such as, for instance, nuclear power plants, oil wells and rigs etc as “strategic” and hence escape public scrutiny.

Non-military facts relating to military/security Projects should be made available in the public domain, and this Clause should not permit declaration of other types of projects as “strategic.”

The related provision in Clause 14(1)c stating that the “Regulatory Authority may decide on the feasibility and requirement of Public Hearing and/or consultation in the case of defence projects” should also be amended in line with the above.

 

  • Clause 7 State/UT Environment Impact Assessment Authority It is often found that the State Pollution Control Board (PCB) acts as the Secretariat of the State/UT EIA Authority, and Project Proponents often apply to it for, and obtain, permission to set up or operate, even without Prior EC/EP, as happened with the recent LG Polymers Vishakhapatnam. Case. A specific para should therefore be added to this Clause to the effect that State/UT PCBs or any other Agency are not authorized to act on behalf of the State/UT EIA Authority and are not empowered to grant EC/EP

 

  • Clause 14(2) Public Consultation exempts a wide variety of Projects from Public Consultations whether in the form of written submissions or in the form of Public Hearings. This is not only highly objectionable from the point of view of environmental protection which is the goal of the various Environmental Acts and the EIA Notifications, it is also completely unacceptable in a democracy. As stated while discussing the B2 Category of Projects above, many of these Projects potentially have considerable environmental and social impact, and it is inconceivable that potentially affected people and other stakeholders are not given an opportunity to voice their concerns and objections. Exemptions from Public Consultations/Hearings should therefore be withdrawn for the following types of Projects.
  • Projects covered by this include “all Category B2 Projects and activities,” already discussed such as No.s 10(f), 16, 17, 19, 20, 21, 23, 24, 25, 27, 36, 40 within Notified Industrial Estates, and No.s 42 and No.43 (Construction and Area Development Projects, and Elevated Roads respectively) in the Schedule, defence/security and other “strategic” Projects as discussed above, and “all linear Projects under item 31 (oil and gas pipelines) and 38 (Highways) in Border Areas.”
  • It may specifically be noted that highways in border areas need not be linear, especially in mountain areas and may indeed have considerable environmental impact in ecologically sensitive areas such as in mountains, glacial areas etc.
  • Further, it is stated that for “linear projects” passing through a National Park or Sanctuary or Coral Reef or other Ecologically Sensitive Area public consultation “shall be limited to [these district (s)].” As is well known, such Projects can also cause substantial ecological damage in adjoining districts as well, so this provision should be withdrawn.
  • Such blanket exemptions from public consultations and public hearings are abhorrent under the relevant Environmental Protection Acts and should be dropped from Draft EIA 2020.
  • Appendix-1 Clause 3.1 under the head Procedure of Public Consultation, states that a “minimum notice period of twenty days shall be provided to the public for furnishing their responses,” compared to the 2006 Notification under which this period was 30 days. It is difficult enough for local affected people such as fishers, coastal people, tribals and hill peoples etc to study all relevant documents, without being pushed into a small window of a mere 20 days. It is suggested that the Notice period for public consultations/hearings be extended to 60 days.
  • Public Hearings/Consultations and consent of gram Sabhas should be mandatory in all Scheduled Areas as per the Panchayats (Extension to Scheduled Areas) Act 1996.

 

  • Clause 19 (1) I d: Validity of Prior-EC or Prior-EP for mining projects has been extended from 30 years in EIA 2006 to 50 years covering the entire expected life of the Project, all of which has been inexplicably placed under Construction/Installation phase.  During this prolonged period, most of which would definitely cover operation of the mine, all sorts of changes and modifications would take place, with potential environmental impact. It is recommended that Prior-EC/EP be provided for 30 years after which the project holder be required to seek fresh EC/EP based on updated information.

 

  • Clause 22: Violation Cases These contain some of the most egregious provisions of Draft EIA 2020, effect of which is to gloss over violations, pave the way for their regularization, and enable continuous operation of violators without having to worry about Environmental rules or Regulatory Authorities, all at the cost of the environment. Violations of course, as defined in the Draft EIA 2020 itself, refers to Projects that have started construction, installation or even operations, or expanded or modernized beyond the limits permitted, without Prior Environmental Clearance or Prior Environmental Permission.
  • Clause 22(1) states that violations would be taken cognizance of based on application of the project proponent itself, reporting by any Government authority, found during the Appraisal process, or found during application by the Regulatory Authority. The Clause should be amended to also take cognizance of violations being brought to the attention of relevant authorities by local residents, civil society organizations, lawyers or other stakeholders who have, amazingly, been excluded from this provision.
  • Subsequent Paras of Clause 22 spell out various means and methods for the regularization of such Projects, despite their flagrant violation of Environmental Laws, clearly in the knowledge of the project proponents since any industrialist knows that Prior EC/EP is required. Only those Projects that are simply not permissible in the area concerned, or those Projects that are environmentally not sustainable in the area, in other words such projects that would not have obtained Prior EC/EP had they applied for it, would be closed down. These various means include fines, mandatory environmental remedial measures for damage caused etc.
  • These provisions clearly amount to post-facto regularization of violations and grant of EC as, for instance, is being pursued in the case of LG Polystyrene in Vishakhapatnam which had been operating for years without EC. The effort made by the Ministry in 2017 through a Notification towards the same end, albeit as a one-time amnesty provision, had been struck down by the NGT. The very idea of post-facto EC was declared by the Supreme Court as late as April 2020 to be “in derogation of the fundamental principles of environmental jurisprudence and is an anathema to the EIA Notification.” The attempt by Draft EIA 2020 to give this provision a backing through a fresh Notification is ethically atrocious and is bad in law. These entire provisions should therefore be removed. If at all such a provision is required to be made, in view of the Ministry and regulatory Authority turning a blind eye over the years to perhaps hundreds of such violations, then it should be a one-time amnesty provision with a time frame of not more than 1 year from the date of Notification with a strict stipulation that no future violation will be tolerated at any cost.
  • The same applies to Clause 23 as well.

 

  • . Clause 26: Projects exempt from requiring Prior-EC/EP   Some of the projects covered by this Clause are intended to permit artisanal activities such as extraction of potters’ clay etc. Surprisingly, however, many projects with known and considerable environmental and social impact have also been included under this Clause. It is strongly urged that the following types of Projects be removed from this Clause and placed under the Schedule for Category B1 or B2 Projects (after being amended as suggested here):
  • Clause 26(14): Solar Photo Voltaic (SPV) power projects, Solar Thermal power plants and Solar Parks, which have well-known environmental impacts including diversion of agricultural land, excess demand on subsoil water etc.
  • Clause 26(15): R&D Activities for Activities in Schedule is too broad a categorization. For instance a Fast Breeder Reactor or a Test Well may also be described as an “R&D Project.” This sub-category should be better defined
  • Clause 26(19): Coal and non-coal mineral prospecting which can cause considerable ecological damage, quite apart from the larger extraction projects that may follow
  • Clause 26(21): Minor irrigation Projects with command area upto 2000 ha should not automatically be exempt from Prior-EC/EP
  • Clause 26(24)(a, b): Secondary metallurgy Units are not free of air pollutants, effluent streams and solid wastes including metals, and cannot be exempt from Prior EC/EP
  • Clause 26(24)(c): Recycling Units registered under Hazardous & Other Waste Rules 2016 involve considerable toxic and other wastes, and certainly should not be exempt from Prior EC/EP
  • Clause 26 (25)(a): Re-rolling Mills with Pickling especially of the scale mentioned will certainly involve effluent streams and will require Prior EC/EP
  • Clause 26(36): Defence Manufacturing units or strategic units for explosives etc: the idea that Units under the Ministry of Defence do not require Prior EC/EP is astounding to say the least, since it can be nobody’s case that these Units do not cause pollution. Such Units should be required to obtain Prior EC/EP based on disclosure of such information relating to pollutants generated and measures taken to reduce discharge of pollutants as per relevant industry standards. This is especially so since the Schedule (Item 30) lists explosives etc Projects under Category B1, assuming these to be non-Defence Units?
  • Clause 26(39): Maintenance dredging should clarify that (as per the suggested amended Definition of Capital Dredging) that this does not apply to dredging and removal of virgin material from beds of rivers, lakes or other fresh water bodies.

For clarifications contact:

  1. Rajamanickam 9442915101 D. Raghunandan  9810098621