13 December 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
13-December-2023
1. An anti-terror law and its interference with liberty
Topic: GS2:- Polity: Freedom of Expression
Context:
- Fahad Shah, a journalist,was arrested under UAPA for publishing an article.
- He was granted bail in three other cases and had preventive detention orders quashed.
- He remained in custody due to allegations under FIR No.1/2022.
High Court Judgment:
- The High Court granted bail to Shah and partially set aside the charges.
- Only charges under Section 13 of UAPA and FCRA remained.
Key Observations:
National Defamation as Terror:
- Government argued that the publication of an article by Shah was an act of terror, harming India’s reputation.
- High Court ruled against treating allegations of defaming the country as terrorism, calling it legally unsustainable.
Arrest and Detention under UAPA:
- Examined Section 43-D(5) of UAPA, which places an embargo on courts from granting bail if accusations are ‘prima facie true.’
- Highlighted the need for a nuanced approach, distinguishing between an active threat and a person forced to divulge information.
Impact and Future:
- The judgment did not revolutionize UAPA but offered important reminders.
- Questions of compensation for wrongful arrest remain unaddressed.
- The path to holding the state accountable is through questioning state action.
Conclusion:
- The High Court emphasized the importance of personal liberty in the face of UAPA.
- The judgment offers a step forward in ensuring accountability for state actions.
Question: Examine the Jammu and Kashmir High Court’s recent ruling on UAPA in Fahad Shah’s case and its impact on personal liberty.
2. Patent exclusions — Madras High Court shows the way.
Topic: GS3 – intellectual property rights
Context:
- Clarity in pharmaceutical patents is crucial to fostering innovation and ensuring accessibility to medicines.
- Section 3 of the Patents Act outlines specific exclusions to patentability.
Recent Judgments:
Novozymes vs Assistant Controller of Patents and Designs:
- Addressed Section 3(e), which excludes compositions amounting to a mere aggregation of components.
- The court clarified that known aggregates are not automatically excluded from patent protection.
- Emphasized the importance of producing evidence to demonstrate the synergistic properties of a composition for eligibility.
Hong Kong and Shanghai University vs Assistant Controller of Patents:
- Pertained to Section 3(i), excluding processes for the medicinal treatment of humans or animals.
- Defined the scope of excluded diagnoses, asserting it is not limited to in vivo/invasive methods.
- Proposed a standard for examining claims within the complete specification to determine patent eligibility.
- Provided an illustrative example of a non-invasive prenatal disease diagnosis.
Need for Bright-Line Rules:
- Given the substantial research and development costs in the pharmaceutical industry, bright-line rules are crucial.
- Such rules bring consistency, certainty, and simplicity to the decision-making process of the Indian Patent Office.
- They assist inventors, pharmaceutical companies, and civil society groups in understanding the legal boundaries of patent protection.
Dialogical Function of the Court:
- The Madras High Court suggested legislative consideration of excluding in vitro processes from patentability.
- Proposed a balance by recommending compulsory licensing to address concerns.
- Emphasized the judiciary’s role in contributing to the nation’s public health interests.
Conclusion:
- Courts, particularly in the nascent stage of patent law in India, play a pivotal role in shaping the interpretation of the Patents Act.
- Highlights the importance of adopting a balanced approach that considers socio-economic conditions and the far-reaching consequences of legal decisions.
Question: How do recent Madras High Court judgments contribute to clarity in pharmaceutical patents and the balance of public health interests?
3. Gene therapy offers new hope for those with sickle cell disease
Topic: GS3 – science and technology
Context:
- The UK approved Casgevy gene therapy for sickle cell disease and beta thalassemia.
- The U.S. FDA approved Casgevy and Lyfgenia gene therapies for sickle cell disease in patients over 12.
CRISPR-Cas9 Technology:
- The approved therapies mark a landmark in using the CRISPR-Cas9 gene-editing tool.
- Casgevy employs CRISPR-Cas9 to disable the BCL11A gene, enhancing foetal hemoglobin production.
Treatment Mechanisms:
- Lyfgenia uses a disabled lentivirus to introduce a new gene for healthy hemoglobin.
- Casgevy modifies patients’ blood stem cells using CRISPR-Cas9 to disable the BCL11A gene.
Disease Impact:
- Clinical trials demonstrate that Casgevy relieves symptoms in 28 of 29 sickle cell disease patients.
- For beta thalassemia, 39 of 42 patients in trials did not require blood transfusion for a year.
Patient Considerations:
- Both therapies use patients’ own blood cells, eliminating the need for bone marrow donors.
- The potential for a large number of beneficiaries is limited by high costs and specialized hospital requirements.
Safety and Efficacy Monitoring:
- Continuous real-world data monitoring is crucial due to the potential for unintended genetic modifications.
- The short duration and a small patient pool in clinical trials emphasize the need for ongoing safety evaluation.
Financial Implications:
- The exorbitant costs associated with gene therapies may limit accessibility for a broader population.
- Specialized hospital requirements could further restrict widespread adoption.
Future Developments:
- The U.S. FDA’s decision on Casgevy for treating beta thalassemia is expected by March 2024.
- Continuous research and monitoring are needed for a long-term safety and efficacy assessment.
For Enquiry
13 Dec 2023 : Daily Answer Writing
13 Dec 2023 : PIB
13 Dec 2023 : Indian Express
13 Dec 2023 : Daily Current Affairs
13 December 2023 : The Hindu Editorial Notes PDF
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