Stop Monopoly Publishers Efforts  To Deny Public Access to Scientific Publications

Stop Monopoly Publishers Efforts To Deny Public Access to Scientific Publications

click here English pdf SciHub-AIPSNStatement29Dec2020FinalP

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Stop Monopoly Publishers Efforts To Deny Public Access to Scientific Publications

Three major academic publishers—Elsevier Ltd., Wiley India Pvt. Ltd., American Chemical Society— have filed a petition in Delhi High Court asking for dynamic blocking of Sci-Hub and Libgen in India. SciHub is the first site to allow mass and public access to research publications while LibGen allows access to books. These websites help Indian scientists, teachers and students to freely access and download research publications and books even if they are behind paywalls.

Why are Elsevier, Wiley and American Chemical Society filing this suit? Journal publishing has one of the highest profit margins amongst different sectors and is now a 10 billion USD industry. The profit margin from journal publishing is nearly 40% or twice that of Google! Three publishers who have filed this case together publish 40% of scientific publication and control more than 50% of the publications in science and social sciences worldwide.

Knowledge and its access are accepted under the Universal Declaration of Human Rights as a fundamental human right. In reality, it is denied by the current system where a group of publishing monopolies make super-profits from the work. It is scientists who volunteer their time to both referee the papers and uphold quality, and also sit on editorial boards that manage the publishing process. These publishers have thus no contribution whatsoever to the research writing, refereeing and editing of the papers but enjoy the fruits of the mental and physical labour of researchers. Ironically, even those who produce the content, have to pay for accessing their own work. This is the business model of scientific publishing which is bad for science, while these publishers reap huge profits.

Alexandra Elbakyan, a young Kazakhstan science scholar, started Sci-Hub due to lack of access for the bulk of science scholars to good quality journal articles. Under the cases filed in the US, she can be arrested anywhere and transported to the US to face trial and a lengthy prison sentence. It is not an accident that the case filed in Delhi High Court asks for her address to be disclosed so that the full might of the US and its extra-territorial reach can be used to stop her.

Even well-off educational institutions such as the University of California in the US, are finding it difficult to pay the huge costs charged by these monopoly publishers and have refused to pay for the subscriptions. Significantly, researchers in Universities and Institutes who have access to these publications including the US, access SciHub, as it is much easier to download papers as a one-stop place with about 80 million papers.

An analysis in 2016 showed that Indian scholars downloaded about 7 million papers in one year using SciHub. Without SciHub, it would have cost the Indian Universities or students around 200-250 million USD, which neither the students nor the universities have.

Open Access journals allow people to read and download content free but the content producers – scientists and researchers or their institutions or funding agencies — have to pay the journals to be published. Instead of access, the problem for poorer countries and universities shift to the ability of its researchers to pay for being published. Moreover, only 20% of the research content today is in such open access journals.

The three publishers have filed similar suits in other countries as well. But in India, it is not only a case of publishers’ vs SciHub/Libgen. Here there is a huge community of students, teachers, research scholars and scientists whose access to these journals and books would virtually end if the publishers get their prayer in court for dynamic blocking to these sites. There will be serious long term consequences to science and education in India.

It might be believed that Sci-Hub has no legal case in India. This is not true. Sci-Hub does not charge any student or researcher for downloads — it is a free service. So it is not profiting from making such papers available. Secondly, Indian copyright law has exceptions for education and research. It is for the Courts to decide whether Sc-Hub’s use by research scholars in India constitutes a valid use of the copyright exceptions, similar to what was argued and decided by the courts in the Delhi University photo-copying case. Blocking these websites will also mean that access to those publications which are under open access or not published by these publishers will also get blocked.  Finally, these copyright holders are sitting on content some of which is more than 60 years old and free from copyright in India. Yet we still have to pay money to access even this content.

The case filed by the copyright holders in Delhi High Court asking for a blanket ban of the sites is not against Sci-Hub and Libgen; it is against the research scholars in this country. Most of whose research would come to a halt if this case by the robber barons of the publishing industry succeeds. It is the future of research in India that is at stake, not Alexandra Elbakyan or Sci-Hub’s future.

AIPSN demands that the monopolistic model of access to knowledge be given up and the process of free access to knowledge by the public accepted.

AIPSN joins hands in support of those legally fighting these monopoly publishing industries against SciHub and Libgen which are working like the story figure of Robin Hood in making the knowledge commons work by providing the public a way to have their right to accessing knowledge.

 

Contact

Rajamanickam, General Secretary AIPSN

gsaipsn@gmail.com, 9442915101

Twitter @gsaipsn

 

AIPSN statement on Vaccines and IPR waiver: India-South Africa Proposal for TRIPS Waiver – Putting People before Profit

click here for pdf of AIPSN-statement-on-Vaccines-and-IPR

AIPSN statement on Vaccines and IPR waiver

India-South Africa Proposal for TRIPS Waiver – Putting People before Profit

As Covid-19 pandemic continues to keep its grip on the globe, countries are facing severe shortages in medical supplies and treatments, with intellectual property rights hindering the timely provisioning of affordable medical products. To address this, India and South Africa have put in a proposal at the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), under the World Trade Organisation (WTO), demanding a temporary waiver of certain TRIPS obligations on copyrights and related rights, industrial designs, patents, and the protection of undisclosed information in relation to the prevention, containment or treatment of Covid-19.

Most of the least developed and developing countries have supported these proposal in the TRIPS council, arguing for equitable and affordable access to medicines and medical products at least in these times of widespread catastrophe. The proposal has also got support from the World Health Organisation (WHO). However, it has been opposed by developed countries such as the US, the UK, Japan and even Brazil, on the grounds that such a move would hinder innovation and that there is no indication of intellectual property rights (IPRs) being a barrier to accessing Covid-19 related medicines and technologies.

Nothing can be farther from the truth! Over the last few months, countries have faced IP barriers in drugs, masks, ventilator valves and reagents for testing kits. Multiple patents have been filed for Covid-19 vaccines in development(https://msfaccess.org/sites/default/files/2020-10/COVID_Brief_ProposalWTOWaiver_ENG_2020.pdf ). Even the stockpiles of potential vaccines have been reportedly cornered by the rich countries.

 Unequal Access to Medical Products across Countries even in times of Global Crisis

More than nine months into the pandemic, the situation across the globe remains grim not only in terms of the spread and impact of the pandemic but also the availability of medical products. On the one hand global supply chains have broken down leading to supply shortages, on the other the demand has been increasing due to rising incidence of coronavirus. The Low and Middle Income Countries (LMICs) are the worst hit because the Covid-19 pandemic has not just been a public health crisis, it has been economically devastating as well. The national budgets of these countries are severely strained and most of them also lack the production capacity of the much needed medical products. It is unfortunate that in such dire times when the world is waiting for a vaccine we are witnessing (https://twn.my/title2/briefing_papers/twn/Inovio%20countersued%20IP-COVID%20Jul%202020%20Hammond.pdf) manufacturers relying on proprietary production techniques thereby potentially making vaccines more expensive and less available, large commitments of manufacturing capacity in 2021/2022 being sealed up in contracts, and rich countries locking down COVID-19 vaccine supplies through big money contracts(https://launchandscalefaster.org/covid-19).

Appropriating Public Funds for Private Profits

Public funding must cater to people’s needs rather than corporate greed. Ironically, out of the total funding of 96 million USD for research into Coronaviral diseases (including MERS, SARS) during 2016-18, the bulk 93% has been public funding, 6% by philanthropic organisations and less than 1% by the industry. If we look at the larger set of Emerging Infectious diseases, the proportion of public funding is 77% and that of industry 18% during 2014-18 (https://gfinderdata.policycuresresearch.org/) Even for the Covid-19 pandemic, it is largely public funds that have been committed by various governments. The big pharma, thus, uses public funds for R&D to garner private profits, taking advantage of the IPR regime without any concrete commitment to share the technologies and know how developed through public funding to scale up the production through non-originator manufactures.

Multilateral Trade Policy – Creating Monopoly Profits

Just as the TRIPS agreement was bulldozed on to the least developed and developing countries during the 1990s in the name of ‘free and fair’ trade regime, so are the developed countries arguing to protect the IPRs, which are in fact means for creation of monopoly profits. The big corporations and the rich countries were as hand in glove then as they are today. The trade policy regime has led to concentration of manufacture products in a few countries. As per a WTO report (https://www.wto.org/english/news_e/news20_e/rese_03apr20_e.pdf), Germany, the United States (US), and Switzerland supply 35% of world’s medical products; China, Germany and the US export 40% of personal protective products. Such concentration of production in times of huge global demand is bound to lead to profiteering and to deal with this is to decentralise production through local manufacturing. To do this, access to the whole range of technologies and strategies for manufacturing these products is required.

TRIPS flexibilities are insufficient

TRIPS flexibilities were included in the Doha Development Agenda in order to safeguard LMICs from the adverse impact of patent regime. However, it has been effective only on a few occasions because of arm-twisting tactics of the big pharma, operating in cahoots with the rich country governments through bilateral pressures on countries as also lobbying by the big pharma against generic drugs. Also, the rules for compulsory licensing apply only on a case-by-case and product-by-product basis, which slows down the ability of countries to scale up production. Even Article 31bis, a mechanism to supply countries with insufficient manufacturing capacity, is limited in its application. TRIPS obligations, furthering the IPR regime, would only exacerbate the crisis.

Global Solidarity – A Farce!

The WHO has got little support by pharma industry for its Covid-19 Technology Access Pool (C-TAP) initiative (https://www.who.int/emergencies/diseases/novel-coronavirus-2019/global-research-on-novel-coronavirus-2019-ncov/covid-19-technology-access-pool), aiming at voluntary contribution of IP, technologies and data to support global sharing and scale up of manufacturing and supply of COVID-19 health technologies. Voluntary cooperative approaches such as the COVAX are only a short term solution and only work towards maintaining the current business models of big pharma. The GAVI-CEPI initiative has refused to address the issue of patents and other intellectual property rights even on the issue of Covid-19 preferring to work with global pharma MNC’s on vaccine development and pooling philanthropic resources for the poorer countries. Such philanthro-capitalist measures only deepen the structural inequalities in global health architecture.

The need of the hour is to dismantle, or at least limit the IPR regime, which promotes profits for a few at the cost of lives of the people. With the world facing such unprecedented public health crisis, it is important that the TRIPS obligations are waived off, at least until the situation comes under control, as mentioned in the India-South Africa proposal. A collective global struggle is required towards ensuring that the interests of people are given precedence over profits and the greed of capital!

 

Fog over Covid-19 Vaccines in India: All-India Peoples Science Network (AIPSN) Position Paper

click here to see the English pdf of AIPSNPositionPaper-Vaccine-Politics16Dec2020

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Fog over Covid-19 Vaccines in India

All-India Peoples Science Network (AIPSN) Position Paper

16 Dec 2020

Many new developments have come about in recent weeks regarding Vaccines against Covid19 both internationally and in India. These have raised some optimism, but also several concerns about vaccine politics, undue commercial influence and other extraneous factors playing out around the world and, specifically, in India. This Position Paper focuses chiefly on India, within the global context, whereas international dimensions have been dealt with in a separate Statement and the Indian response to EUA for vaccines was highlighted in another Statement.

AIPSN calls for a science-based, equitable and rigorously conceived nation-wide policy in India for development, manufacture and deployment of vaccines in a free, universal vaccination strategy against Covid-19 as discussed below.

 

  1. Context and Status

Accelerated development and deployment of a safe and effective vaccine is crucial to combat the rampaging Covid-19 pandemic to protect individuals and enable full and safe re-opening of the economy and society. Access to free vaccination is essential for people’s right to life and health, since the disease has a significant burden of preventable morbidity or serious illness and mortality or deaths. Though the proportion of infected persons who get serious disease is low, in absolute numbers the number of persons who are at risk is unacceptably high. Free vaccination is also necessary since it is low-income working people who have paid the maximum social costs of the lock-down and disruption of the economy, and because vaccine development has mostly been done with public funds. At the same time, a nationwide vaccination programme is a challenge and raises crucial questions including with regard to the preparedness of the public health system in India to deliver this without compromising other essential health services.

Internationally, some leading vaccine candidates have, in recent weeks, declared high levels of efficacy or effectiveness based on preliminary results from on-going Phase-3 clinical trials. US-German Pfizer-BioNTech and US-based Moderna have both declared efficacy of above 90% for their two-dose  vaccines and applied for Emergency Use Authorization (EUA) in the US and Conditional Marketing Agreement (CMA) in EU. Both these vaccines are relatively expensive (at around USD 40 (Pfizer) and USD 70 (Moderna) for two doses) and, importantly, require very low temperature cold chains, adding to the costs and delivery challenges for India and other developing countries. At the time of writing, Pfizer has obtained a global first EUA in the UK and subsequently in Bahrain, Canada, and US.

UK-based Oxford University-Astra Zeneca, which is partnering with the world’s largest vaccine manufacture Pune-based Serum Institute of India (SII), for mass production of its vaccine, has claimed average 70% efficacy across different modes and 90% efficacy at specific dosages. This double-dose vaccine is expected to be relatively inexpensive at around USD 6 and, significantly, can be stored at ordinary refrigerator temperatures, making delivery easier in India and other developing countries. SII has publicly claimed that it would be supplying around 300 million doses for India by mid-2021.

Russia’s RDIF-Gamaleya Institute too has declared effectiveness of over 90% for its “experimental” Sputnik-V vaccine. The powdered version requires storage at refrigerator-like temperatures, while the liquid version has to be at -18 deg C. The vaccine is expected to cost about USD 20 for 2 doses. This vaccine is undergoing Phase-3 trials in different countries including India and is to be manufactured by Hetero Biopharma in Hyderabad.

China’s Sinovac is being deployed widely in China and also in Brazil, and is gearing up for global supply when regulatory approvals are obtained, with a price tag internationally of around USD 60 for two doses and also requiring only refrigerator-like temperatures. Again at the time of writing, another China-origin vaccine from Sinopharm has been declared by the UAE as having 86% efficacy in Phase-3 trials in that country where it had been given EUA in September for front-line workers, but data from the trials are still not public.

These developments represent a significant achievement for science and medical research, because these promising results, however limited and preliminary have been attained in less than a year from the outbreak of the Covid-19 disease compared to the normally expected several years for vaccine development.

However, detailed data related to all these vaccine trials have not yet been published or peer-reviewed, which would bring out additional and important information such as effectiveness in different age-groups and segments of the population, prevention or reduction of severe illness and deaths, prevention of transmission, duration of immunity or protection etc. These properties may vary for different vaccines and may influence choices for deployment. Other vaccine candidates too are at various stages of clinical trials, and may similarly also obtain EUA over the next 3-6 months.

Therefore, questions have already been raised about how scientific, rigorous or transparent these EUAs have been. Both “vaccine nationalism” and commercial interests are known to be deeply involved, apart from panic response by governments in the face of failures to control the pandemic, as evidenced by pronouncements of government spokespersons in many countries including in India. The sharp rise of concerned company values in stock markets could also be contributing to the haste in these announcements.

In India, several indigenously developed vaccine candidates have also come to the forefront in recent weeks. Leading candidates are from ICMR/NIV-Bharat Biotech in Hyderabad, Zydus Cadilla in Ahmadabad and Gennova in Pune. There are already undergoing, or soon to start, Phase-3 trials and are expected to become available in early to mid-2021. Some other promising indigenous candidates are a few months behind. The Gennova vaccine, co-developed with HDT Biotech of the US and supported through seed funding by Department of Biotechnology (DBT), which has also supported indigenous development of some other vaccines, has recently received approval to start Phase-1 and 2 clinical human trials in India. This vaccine is of particular importance for future scientific and medical research in India since it is the first indigenous development of an mRNA (messenger RNA) vaccine, using a technology that may also be very useful for new-generation pharmaceuticals for treatment of infectious diseases and cancers.

After the Prime Minister’s recent visits to and meetings with several of these companies to encourage them in their efforts, he is reported to have also instructed the regulatory agencies to facilitate the expedited approvals process. It is important that data from clinical trials for all these candidates are scientifically assessed without “vaccine nationalism,” pressure from political or commercial interests, cronyism or favoritism and also meet high standards of efficacy and safety, especially since high efficacy percentages have  been announced by  leading international candidates.

 

 

  1. Need for transparent, science-based trials and approvals

In this context, extraneous considerations do appear to be creating untoward interference in scientific processes involved in vaccine trials, assessments and expedited or emergency approvals with implications for deployment as well. There are indications, covered in the media and supported by several experts, that ongoing clinical trials for vaccine candidates are “designed to succeed” in several ways.

It may be recalled that the Director General, Indian Council for Medical Research (ICMR) had, earlier this year, written to all hospitals where clinical trials were underway demanding that they expedite results by 15th August this year, clearly to enable a grand announcement from the Red Fort. Fortunately, a massive outcry by scientists, medical professionals and civil society organizations brought about a retreat from this blatant attempt at pressurization. However, the danger remains in many ways.

Thresholds for efficacy or effectiveness (i.e. the percentage of infections the vaccine prevents), different aspects of efficacy as discussed earlier, as well as the sample size required for grant of EUA, may be lowered to enable vaccine candidates to more easily pass the test. While anxiety to roll-out an indigenous vaccine quickly through EUA is understandable for several reasons, it is crucial that clinical trials and assessments of results are, and continue to be, conducted transparently by scientific-medical Data Review Boards independent of political and bureaucratic influence, and results be made public and, when completed Phase-3 trials, be published and subject to peer review. This is essential to build global and domestic public confidence in Indian-origin vaccines.

In this context, it is a matter of considerable satisfaction that the Subject Expert Committee (SEC) of the Central Drugs Standards Control Organization (DSCCO), at its meeting on 9th December 2020, has kept pending its consideration on the applications for Emergency Use Authorization (EUA) of Covid-19 Vaccines by SII and Bharat Biotech, and has asked for additional information. The regulatory agency Drugs Controller General of India (DGCI) was to have decided on grant of EUA based on SEC’s recommendations. The SEC has, at least for now, rightly asserted its responsibility for scientific assessment of Covid vaccine candidates independent of political, bureaucratic or commercial interests.

The SEC decision has come against the background of considerable pressure from different levels of government, such as several recent public statements by the Health Secretary, Dr.V.K.Paul of Niti Aayog heading the National Task Force on Covid-19, and by DG ICMR. These officials pushed for a quick grant of EUA for these and other applicants, rather than respecting due process and scientific evaluation of data relating to safety and efficacy.

Urgency for approval and deployment of vaccines is no doubt important, but not at the cost of safety or potential impact in tackling the pandemic. More robust data would be available soon, providing opportunity to “hasten slowly”.  Self-reliance and encouraging indigenous research and manufacturing industry too are important, but sloppy or unscientific decision-making relating to public health will only damage the reputation of Indian science and regulatory processes, far outweighing any brownie points gained by rolling-out vaccination a few weeks early. Problematic EUA approval may also add to existing vaccine skepticism or hesitancy among the public.

The SEC and DCGI should therefore fearlessly conduct a thorough scientific assessment of available early data from Phase-3 trials in India or abroad, resisting pressure from different quarters. SEC/DCGI should also release the data based on which any recommendation is made so as to enhance transparency and secure the confidence of the scientific and medical community in India and internationally. This is especially crucial if India is to contribute to the global fight against the Covid-19 pandemic through its indigenously developed and manufactured vaccines. While granting EUA, it is also important to set up extensive surveillance of the vaccination programme, and to continue with rigorous Phase-III trials and peer review and publication of its data.

It must be also understood that, at this stage of development of different vaccines, it is not clear whether each vaccine is efficient at preventing infection, as distinct from preventing serious disease or mortality. It is also important to know whether infection can spread from persons administered specific vaccines, and the duration for which each vaccine protects persons. These specificities need to be taken into account for decisions on deployment. These unknowns at the present stage and the need to find answers them underline the necessity for continuation of clinical trials involving the larger numbers of enrolled volunteers, extensive post-vaccination surveillance and, importantly, continuing with all other public health measures of disease prevention and epidemic management.

 

The reputation of India’s science, vaccine manufacturing industry and regulatory institutions depends heavily on such unbiased, rigorous and science-based assessments, since India could potentially emerge, now or in the future, as a major exporter of low-cost indigenously developed vaccines especially to other developing countries.

 

  1. Free and Transparent Vaccine deployment strategy

Ruling parties in different States are making promises of free vaccines to all, especially in the run-up to State elections. The nation needs a science-based and nationwide policy on vaccine deployment to be implemented by States with additional measures if desired, keeping in mind, the phased availability of different vaccines. The National Task Force on Covid-19 headed by Dr.V.K.Paul of Niti Aayog recently announced a prioritization roadmap proposing to initially vaccinate health care workers, other frontline workers, security personnel and those above 50 years of age and persons with co-morbidities, amounting to an estimated 300 million persons, starting perhaps in March 2021.

A clear, well reasoned and long term vaccination roadmap is required, especially keeping in mind the different indigenous vaccines set to obtain regulatory approval in the near future.  The policy needs to more definitively identify those included in the category of “frontline workers,” how senior citizens and those with co-morbidities would be enumerated, address phase-wise coverage of the rest of the population especially children and young adults not mentioned so far but whose immunization against Covid is necessary for early and much-needed resumption of safe and regular in-person education. It is also important to specify which categories of the population, such as infants or the elderly, would be immunized using which vaccine, depending on the efficacy characteristics of available vaccines.

The Prime Minister in his televised address to the nation on October 20 assured that the government seeks to ensure “delivery of the vaccine to every citizen.” However, the Health Secretary in the presence of DG ICMR stated categorically that the government has never committed to universal vaccination which was in fact not necessary since  the need is only to break the chain of transmission and obtain ‘herd immunity,’ and therefore the government may not vaccinate the entire population. It would, however, be extremely difficult to decide which sections to leave out of the vaccination programme and explain such a decision, since this would raise serious apprehensions of discrimination or injustice on different grounds.

Further, although achieving a threshold level of herd immunity (loosely estimated at 60% of the population) could prevent epidemic spread, the disease would still remain endemic in the country especially in population sub-groups, with significant numbers developing the disease and more limited outbreaks continuing in different parts of the country. Similar phenomena are seen in diseases like measles and diphtheria. The more skewed the demographic characteristics of the persons immunized, the less would be the braking effect of herd immunity.

In the Indian context, equity as a value and principle demands that those least able to practice social distancing, because of working and living conditions, need it most. All things considered universal vaccination may be the best option to prevent arbitrariness, real or perceived discrimination and emergence of a black market, besides enabling more robust and sustainable disease control.

A danger is that many Vaccine manufacturers in India and other corporate interests are already lobbying for the Government to allow delivery of vaccines by the private health sector at market prices to those who can afford to pay, as was done in Covid Tests and Hospital charges. Such a vaccine deployment strategy would, however, completely undermine equity and divert precious vaccine doses to privileged paying sections away from the vast poor underprivileged masses, and would also distort government procurement and equitable vaccination.

It is therefore essential that the Government of India announces a clear and transparent vaccination programme including a categorical and binding commitment to a programme of free universal vaccination with a fair and transparent policy of phase-wise prioritization for different segments of the population so as to ensure access to most vulnerable segments and marginalized sections.

 

  1. Obstacles to domestic manufacturing and deployment

            There is much confusion regarding the Indian government’s participation in COVAX, the newly created global institution under the Global Vaccine Initiative (GAVI) and WHO. COVAX is funded by donor countries, corporate philanthropy notably the Gates Foundation and Wellcome Trust, as well as the 10% down payment from self-funded participating countries. COVAX has provided financing to different vaccine developers and manufacturers in exchange for a proportion of vaccines produced, all through confidential agreements. COVAX also has agreements with participating countries to provide upto 20% of their vaccine requirement, for the duration of the agreement period which is now only till end-2021, with special arrangements for lower income countries. On the other hand, rich countries with 13% of the world’s population have already purchased over 50% of the world’s scheduled vaccine production and many other such bilateral agreements have been signed.

In this context, several Indian vaccine manufacturers who have agreements to manufacture leading vaccines developed elsewhere, would be bound by confidential agreements made with COVAX and also with their corporate partners as regards prices and supply schedules. Voluntary licenses granted by vaccine developers to Indian manufacturers prevent the latter from transferring the technology to other Indian companies or from exporting to countries not covered by COVAX.  It would therefore be difficult for Indian vaccine manufacturers to scale-up vaccine production and supply to the levels required by India.

Government of India needs to work out how to overcome this problem. It is recommended that any agreements India signs with COVAX should be within an improved framework and its governance made more multilateral and democratic with a greater role for WHO, and removal of corporate influence. Government should also make public to the Indian people the terms and conditions of agreements with COVAX.

The government should urgently evolve and implement measures for scaling up manufacture of the most appropriate vaccines for our needs, through support to existing  manufacturing units in private sector to expand their capacity and by encouraging public sector manufacture in this area irrespective of the vaccine being indigenously developed or licensed from international pharmaceuticals.

 

  1. Strengthen the public health system

Finally it should be emphasized that the vaccination programme will require massive strengthening and mobilization of the public health system in India including for follow-up, monitoring of side-effects and efficacy. The capacity of current cold chain infrastructure is only about 50% of what is required even for the existing package of immunization. The human resources gaps are also huge. Procuring, storing and distributing and administering vaccines to close to 800 million more persons, even if phased is going to require considerable expansion of cold chains equipment, infrastructure, refrigerated transport vehicles, and  skilled human resources at the field level.

Therefore any plan for vaccine deployment, must also make a firm and quantified commitment to increased financing of the public health system. In the absence of such a commitment, the vaccination programme will suffer and other essential health services including child immunization would also be undermined by large scale diversion of existing public health resources.

 

  1. AIPSN Demands

The Government of India needs to urgently undertake the following so as to ensure a safe, effective and free universal vaccination programme against Covid-19:

  1. Scrupulously monitor Phase-3 clinical trials for all indigenously developed vaccines and, after robust and independent scientific assessment of efficacy with peer review of trial results, grant Emergency Use Authorization within a definitive deadline within which such approvals can be applied for;
  2. Rapidly scale up manufacturing capacity by recruiting and re-tooling both public sector as well as private sector manufacturing units for both internationally and indigenously developed vaccines;
  3. Ensure transparency of agreements that Indian manufacturers have signed or may sign with COVAX/GAVI and Corporates. These may require further arrangements for systematic transfer of technology from international vaccine developers to Indian manufacturers to enable effective and rapid scaling-up manufacture and deployment in India;
  4. Make public the basis of approval, including evidence reviewed, provide details of the protocol, process and timelines followed in investigating any reported severe adverse events (SAEs);
  5. Make public the Government’s stand on indemnifying vaccine manufacturers;
  6. Actively advocate and lobby for declaration of all vaccines developed worldwide as global public goods and, if patents remain an obstacle, take steps to use compulsory licensing if necessary;
  7. Bring out a white paper on the system and related costs for vaccine procurement and delivery, along with details of the expansion of public health infrastructure and human resources that would go with it;
  8. Set up a Parliamentary Committee to oversee the implementation of the Covid-19 Vaccination programme in an effective, timely and equitable manner and a broad based Advisory Committee including representation of the scientific community and civil society organizations.

 

For clarifications contact:

P.Rajamanickam 9442915101;T.Sundararaman 99874388253;D. Raghunandan 9810098621

Statement On Scientific, Independent and Transparent Process for Emergency Use Authorization (EUA) of anti-Covid Vaccines in India

 

click here to see pdf of All India Peoples Science Network (AIPSN) Statement 

On Scientific, Independent and Transparent Process for

Emergency Use Authorization (EUA) of anti-Covid Vaccines in India

 

AIPSN expresses satisfaction that the Subject Expert Committee (SEC) of the Central Drugs Standards Control Organization (DSCCO), at its meeting on 9th December 2020, has kept pending any recommendations on applications for Emergency Use Authorization (EUA) of Covid-19 Vaccines by Serum Institute of India (SII) manufacturing the Oxford Astra Zeneca vaccine of the UK, and by Bharat Biotech making the indigenously developed ICMR/NIV vaccine. The SEC sought additional data from SII relating to its Phase-III trials in India and the pending regulatory approval process in the UK. In the case of Bharat Biotech, the SEC said it would proceed only after reviewing data from its on-going Phase-3 trials in India, whereas it had submitted only Phase-I/II data.  The regulatory agency Drugs Controller General of India (DGCI) was to have decided on grant of EUA based on the recommendations of the SEC. The SEC, at least for now, has rightly asserted its role regarding scientific assessment of vaccine candidates independent of political, bureaucratic or commercial interests.

The SEC decision has come against the context of several recent public statements by the Health Secretary, Dr.V.K.Paul of Niti Aayog heading the National Task Force, and by DG ICMR pushing for a quick grant of EUA for these and other applicants, rather than respecting due process and sientific evaluation of data relating to safety and efficacy. DG ICMR in particular sought to undermine the importance of Phase-III trials data and suggested that some vague “cost-benefit assessment” would instead suffice for granting EUA, ignoring the obvious conflict of interest since one of the candidates has indeed been developed by an IMR laboratory!

The urgency for approval and deployment of vaccines is no doubt of importance, but not at the cost of safety or potential impact in reducing infection, transmission and severe illness or mortality. Robust data enabling a more scientific and considered decision based on Phase-3 trials data, whether from India or abroad, is likely to become available in a few weeks in any case. With the national case load on a declining trend, there is opportunity to hasten slowly as WHO recommends.  Self-reliance and encouraging indigenous research and manufacturing industry are undoubtedly important, but sloppy or unscientific decision-making relating to public health will only damage the reputation of Indian science and regulatory processes, far outweighing any brownie points gained by rolling-out of a vaccination programme a few weeks early, but which may later turn out to be problematic. Rolling out a vaccine without a proper appraisal of safety and efficacy may also lead to a backlash, adding to existing vaccine skepticism or hesitancy.

AIPSN therefore calls upon the SEC and DCGI to fearlessly conduct a thorough scientific assessment of available early data from Phase-3 trials in India or abroad independent of political, bureaucratic and commercial interests in deciding upon EUA for different vaccine candidates. AIPSN further calls for releasing the data based on which any recommendation is made in the interests of transparency, gain confidence of the scientific and medical community in India and internationally, and so as to allay any fears about safety and efficacy of vaccines to be rolled out. This is especially crucial if India is to contribute to the global fight against the Covid-19 pandemic through its indigenously developed vaccines. While granting EUA, it is also important to set up extensive surveillance of the vaccination programme, and to continue with rigorous Phase-III trials and peer review and publication of its data.

For clarifications contact:

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

Press Note protesting attempt to rename RCGB in unscientific manner

Click here for pdf of press release

All india People’s Science Network

Central Secretariat: O/O Tamil Nadu Science Forum, 6, Kakkathoppu Street, Madurai-1 

——————————————

Press note: To The editor for the publication in the esteemed media.

It is learnt that Govt of india has decided to name  the second campus in the name of the RSS founder and ideologue Golwalkar within the campus of existing Rajiv Gandhi Centre for Biotechnology(RGCB) , Trivandram. It is highly condemnable changing the name of a modern research institute in the name of a person who was against the modern technology calling it as western technology. 

More over the  decentants of Golwalkar had been advocating pseudo sciences calling the birth of 100 Kauravs through  stem cell technology and the birth of Karna as in vitro fertilisation technology . Let not this centre become a pseudoscience centre of research and technology.

It is  like changing the name of ancient city names which were founded by Islamic rulers as per your wishes promoting hindutva ideology  and jingoism. These are research and development institutes and centres founded on the basis of scientific development. 

We also Urge the Central Government to respect the opinion of Kerala Government and main opposition Party and sentiment of the people of the State.

Hence we urge the Govt of india not to change the existing name of the RGCB for the second campus. If there is a need from the administration point of view, it could be that of a reputed scientist in the field of biotechnology.

P.Rajamanickam

General Secretary, 

9442915101

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 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.