Reconsider the ban: on oxytocin
The Union Health Ministry’s ban on the retail sale and private manufacture of oxytocin, expected to kick off on September 1, is an extremely ill-thought-out one. The drug, a synthetic version of a human hormone, is a life-saver for women. Doctors use it to induce labour in pregnant women and to stem postpartum bleeding. So critical is its role in maternal health that the World Health Organization recommends it as the drug of choice in postpartum haemorrhage.
The government’s ban ignores this, and is motivated instead by the misuse of the hormone in the dairy industry. Because oxytocin stimulates lactation in cattle, dairy farmers inject the drug indiscriminately to increase milk production. This has spawned several unlicensed facilities that manufacture the drug for veterinary use. It is a problem that needs solving. But the right approach would have been to strengthen regulation, and crack down on illegal production. Much is unknown about the ill-effects of oxytocin on cattle.
One of the concerns was that oxytocin leads to infertility in dairy animals, and some studies show this to be true. It has also been linked to mastitis, a painful inflammation of the udder. Milk consumers worry about exposure to it through dairy products. The science behind some of these claims is unclear. In a Lok Sabha answer in 2015, the National Dairy Research Institute was quoted as saying there was no evidence that oxytocin led to infertility. A 2014 study by researchers at the National Institute of Nutrition concluded that oxytocin content in buffalo milk did not alter with injections.
However, even if the ill-effects of oxytocin are real, a ban is not the answer. Oxytocin is simply too important to Indian women, 45,000 of whom die due to causes related to childbirth each year. A parallel to the situation lies in the misuse of antibiotics in humans and poultry. So heavily are these drugs used that they are causing deadly bacteria to become resistant to them. Yet, despite calls for a complete ban on over-the-counter sale of antibiotics, India has been reluctant to do so.
In much of rural India, more people still die due to a lack of antibiotics than due to antibiotic-resistance. This has swung the cost-benefit ratio against outright bans. In oxytocin’s case, if only a single public sector unit manufactures the drug, as the government plans, this could lead to drug shortages and price hikes. Karnataka Antibiotics & Pharmaceuticals Limited, the drugmaker tasked with manufacturing oxytocin, has been asked to cap the price at ₹16.56 for 1 ml of a five international unit (IU) solution. However, some private manufacturers were selling it for ₹4 until now. Monopolising production will remove the low-price options from the market. Such a situation may benefit cattle, but will put the lives of many women at risk.
courtesy : thehindu.com
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SC stays CBI probe into West Bengal govt officials' role in teacher recruitment scam
New Delhi, Apr 29: The Supreme Court on Monday stayed a Calcutta High Court order directing the CBI to probe the role of West Bengal government officials in a teacher recruitment scam. It, however, refused to stay for now the cancellation of the appointment of over 25,000 teachers and non-teaching staff.
The top court was hearing a plea by the West Bengal government against a high court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the School Service Commission (SSC) in state-run and state-aided schools.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, however, refused to stay the high court order cancelling the appointments and said it will hear the matter on May 6.
Observing that taking away the jobs of about 25,000 persons is a serious matter, the top court asked if it is possible to segregate the valid and invalid appointments on the basis of the material available and who the beneficiaries of the fraud are.
"We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government," the bench said.
Calcutta High Court had said the CBI would undertake further investigations with regard to the persons in the state government involved in approving the creation of supernumerary posts to accommodate illegal appointments.
If necessary, the CBI will undertake custodial interrogation of such persons involved, it had said.
Challenging the order, the state government, in its appeal filed before the top court, said the high court cancelled the appointments "arbitrarily".
"The high court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill," the plea said.
Calcutta High Court last week declared the selection process as "null and void" and directed the CBI to probe the appointment process. It also asked the central agency to submit a report within three months.
"All appointments granted in the selection processes involved being violative of articles 14 and 16 of the Constitution of India, are declared null and void and cancelled," the high court said in its April 22 order.
The high court said those appointed outside the officially available 24,640 vacancies, appointed after the expiry of the official date of recruitment, and those who submitted blank Optical Mark Recognition (OMR) sheets but obtained appointment to return all remunerations and benefits received by them with 12 per cent interest per annum within four weeks.
Observing that it had given "anxious consideration to the passionate plea" that persons who obtained the appointments legally would be prejudiced if the entire selection process was cancelled, the bench said it hardly had any choice left.
The high court held that all appointments involved were violative of articles 14 (equality before law) and 16 (prohibiting discrimination in employment in any government office) of the Constitution.
"It is shocking that, at the level of the cabinet of the state government, a decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for state-funded schools, knowing fully well that, such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum," the high court had said.
It said unless "there is a deep connection between the persons perpetuating the fraud and the beneficiaries" with persons involved in the decision-making process, such action to create supernumerary posts to protect illegal appointments is "inconceivable".
The division bench had also rejected a prayer by some appellants, including the SSC, for a stay on the order and asked the commission to initiate a fresh appointment process within a fortnight from the date of the results of the ongoing Lok Sabha elections.
The bench, constituted by the high court chief justice on a direction of the Supreme Court, had heard 350 petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016.
In its 282-page judgment, the high court had said retaining appointees selected through "such a dubious process" would be contrary to public interest.
