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New Social Compact

Don’t Blame Migratory Birds But centre-State Legal Mechanism in India

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Authors: Partha Pratim Mitra and Prakash Sharma*

Post 2003-04 bird flu outbreak, migratory birds have become the soft target for spreading of avian influenza or contiguous diseases. The geneses of this thought emerge from the year 1996, which continuous to re-emerged thereafter on regular basis and spread from Asia to Europe and Africa, resulting in several hundred human deaths. The occurrence of avian influenza ((H5N1, H5N2, H5N8, H7N8, H7N9 etc.)has captured global attention too. There are studies that suggest, “avian influenza may be the most likely candidate for the next influenza pandemic”. At the same time, several scientific research claim that migratory birds are not always liable for spreading avian flu among local birds and domestic birds.

Robert Boardman of Dalhousie University opines “birds are also vulnerable and may spread disease, as in the effects in the early 2000s of the adenovirus on the Alaskan oldsquaw or long-tailed duck and deaths of kakapo parrots on some New Zealand islands resulting from soil bacteria”. Birds too like other species compete for resources. Nevertheless, there are factors other than migratory birdsthat can be associated for the spread, for instance the H5N1 avian flu virus in Japan, China, Indonesia and other countries in 2005–2006 had analogous connection with the environmental factors. Others factors can be the anthropogenic changes in land use and agriculture, movement of people, etc.

Talking about the global attention, perhaps the major concern emerges when avian outbreak affects several species of food producing birds, for e.g. chickens, turkeys, quails, guinea fowl, etc. resulting in “global public health concern”. The present article examines the current international as well as national laws governing the arena of migratory birds and their affect on food producing birds and poultry products.

Role of the World Organisation for Animal Health

The World Organisation for Animal Health, formerly the Office International des Epizooties (OIE) is an intergovernmental organization coordinating, supporting and promoting animal disease control. It is recognized as a reference organisation by the World Trade Organization (WTO) and had a total of 182 member states. The OIE’s objectives is to promote transparency and understanding of the “global animal disease situation” to protect “public health, and to ensure the safety of world trade in animals and animal products”. “The science-based standards, guidelines and recommendations issued by the OIE are designated as the international reference in dealing with avian influenza”.

Over the years, OIE has strengthened international coordination and cooperation in the control of avian influenza through joint collaboration with other global organization, namely the World Health Organization (WHO), and the Food and Agriculture Organization of the United Nations (FAO). These organizations exchange follow-up information on three priorities areas including the global zoonotic influenza situation.

India is a member country of the OIE, and abides by the International Animal Health Code (Code). The Code provides standards for the improvement of animal health and welfare and veterinary public health worldwide, including through standards for safe international trade in terrestrial animals (mammals, reptiles, birds and bees) and their products. Interestingly, the Code demands that veterinary authorities of importing and exporting countries to provide for early detection, reporting and control agents that are pathogenic to animals or humans, and to prevent their transfer via international trade in animals and animal products.

Whereas People’s Republic of China has failed to provide correct information and take necessary measures to curb the spread of deadly COVID-19 to the world. India out rightly informed that there was no risk of coronavirus spreading through migratory birds. Without going into the intent, no doubt there was lack of performance of legitimate duty on part of People’s Republic of China (and it is a matter of further revelations), however the pertinent concern is: doesn’t COVID-19 experience undermines OIE’s importance?

Impact over poultry farming in India

India’s poultry farming industry operates under the unhygienic conditions and become common victim at the time of outbreak of avian flu. Poultry is one of the fastest growing sectors in India, being world’s 5th larg­est egg producer and 18th largest producer of broilers. Economic losses due to infectious and contagious diseases of animals could be enormous besides posses serious threat to the public.

The Indian Constitution deals with protection of animals from diseases under Entry 15 (State List) relating to animal within the territory of state and Entry 29 (Concurrent List) about moving animals extending from one state to another state. Again Entry 29 (Concurrent List) is more widely applicable to ani­mals including men and plants. The same item was also under ‘Provincial Legislature List’ of the Government of India Act, 1935 under Entry 20 with wider subject. However, neither the Centre nor many State governments do have adequate law to regulate these sectors. Only two States in India have enacted statutes concerning poultry production, namely Punjab Poultry Production Act, 2016 (apart from the Punjab Livestock and Bird Diseases Act, 1948) and Gujarat Poultry Farm Registration and Regulatory Authority Act, 2007.

In the absence of any specific legislation, and Central regulation to deal with the issue of disease in poultry related birds and products, theLaw Commission of India has recommended to government of India in its 269th Report for making of rules for protection of hens and broiler chickens according to section 38 of the Prevention of Cruelty to Animals Act, 1960. Besides, in Wildlife (Protection) Act, 1972, section 33A was inserted after the Amendment Act of 1991,which gives legal obligation to Chief Wildlife Warden to take action for immunization of cattle in or within 5 km of sanctuary. Government through notification of byelaws is required to prescribe the measures of such immunization process. But till date no regulation has been framed in this regard.

Legislative initiatives to combat with the situation

Certain earlier legislations were present to control diseases of animals and birds. Currently, two laws, the Destructive Insects and Pests Act, 1914, and the Livestock Importation Act, 1898, regulate the import and export of plants and animals with a view to control pests and diseases.  Under these laws, the authorities are required to ensure that infectious diseases and pests do not cause widespread damage to the environment, crops, agricultural produce and human beings, i.e. the agricultural biosecurity of a country. Both the laws (the Act of 1914 and the Act, 1898) has been proposed to be repealed and replaced by the Agricultural Biosecurity Bill, 2013.The Bill aimed to establish an “integrated national biosecurity system covering plant, animal and marine issues to combat threats of bio- terrorism from pests and weeds”.

Apart from this, the Insecticides Act, 1968 was passed to regulate manufacture, sale, transport, import, distribution and use of insecticides with a view to prevent risk to human beings as well as animals. The Act of 1968 constituted the ‘Central Insecticide Board’ to register insecticides after thorough examination for safety and efficacy. Further, the Customs Act, 1962 empowers the Central Government to prohibit or regulate the import or export of goods of any specified description for the purpose of, inter alia, protection of human, animal or plant life or health. The Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009was passed by Indian Parliament after repealing two old statutes the Dourine Act, 1910 and the Glanders and Farcy Act, 1899. The Act of 2009 seeks to provide prevention, control and eradication of infectious and contagious diseases affecting animals for pre­vention of outbreak or spreading of such diseases from one State to another. The Act of 2009deals with the control of scheduled diseases and a Schedule of the statute mentioned several types of infectious and contagious diseases.

Concluding remarks

The present structure of multilateral organizational control is faulty. This has been revealed harshly by the COVID-19 experience. There are gaps in the existing enforcement mechanisms, which do as much of damage to the health of birds as it does to the other living beings on earth. Of course, the spreading of infectious diseases must be prevented and strict measures should be adopted under contrasting levels of governance. However, given the intricacies involved it is perhaps suggested that nation-states must sit together and construct an international policy on conservation efforts concerning migratory birds during emergence of unscientifically drawn potential role of migratory birds in the dispersal of the viruses. To this extend, all efforts must be made towards timely dissemination of information which is crucial to containing outbreaks.

* Prakash Sharma, Assistant Professor, VSLLS, Vivekananda Institute of Professional Studies, New Delhi.

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New Social Compact

The Social Innovators of the Year 2022

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Mikaela Jade. (Image: Veuve Clicquot New Generation Awards)

The Schwab Foundation for Social Entrepreneurship announced today 15 awardees for social innovation in 2022.

From a Brazilian entrepreneur using hip-hop to turn Favela youth away from crime, a Dutch nurse revolutionizing home healthcare and a park ranger turned tech founder using Minecraft to revive Australia’s Indigenous culture, the 2022 Social Innovators of the Year includes a list of outstanding founders and chief executive officers, multinational and regional business leaders, government leaders and recognized experts.

The awardees were selected by Schwab Foundation Board members, including Helle Thorning-Schmidt, Prime Minister of Denmark (2011-2015), and social innovation expert Johanna Mair, Professor of Organization, Strategy and Leadership at the Hertie School of Governance in Germany, and H.M. Queen Mathilde of Belgium, Honorary Board Member, in recognition of their innovative approach and potential for global impact.

“The Social Innovators of the Year 2022 represent a new ecosystem of leaders who are driving change and shifting organizations and systems towards a more just, inclusive, sustainable future,” said Hilde Schwab, Co-Founder and Chairperson of the Schwab Foundation for Social Entrepreneurship.

The Schwab Foundation’s unique community of social innovators dates back more than two decades to 1998 when Hilde Schwab, together with her husband Klaus Schwab, Founder and Executive Chairman of the World Economic Forum, created the foundation to support a new model for social change, combining often-overlooked values of mission, compassion and dedication with the best business principles on the planet to serve the most disadvantaged people on earth and build a better society.

Today, the foundation has a thriving community of 400 global social entrepreneurs that have impacted the lives of 722 million people in 190 countries. They offer access to healthcare, education, housing, finance, digital skills and advocacy networks resulting in job creation economic opportunity, improved health and stability.

To help the social enterprise sector increase its reach in response to the COVID-19 pandemic, the Schwab Foundation established the COVID Response Alliance for Social Entrepreneurs early 2020, representing 90+ members and an estimated 100,000 entrepreneurs as the largest collaborative in the sector.

“This year’s Schwab Foundation Awardees demonstrate that through values-based approaches centring on inclusivity, collaboration, relationships of trust and long-term sustainability, we have proven ways of changing institutions and mindsets, and disrupting traditional ways of working that hold systemic barriers in place,” said François Bonnici, Director of the Schwab Foundation for Social Entrepreneurship.

The 2022 Schwab Foundation Awards are hosted in a long-term partnership with the Motsepe Foundation, founded on the philosophy of “Ubuntu”, the African concept of giving and caring for your neighbour and other members of your community.

“I strongly believe social entrepreneurship, combined with local innovation and technology, can create meaningful change and recovery in Africa and many developing nations. At its core it is about bringing together the best of business discipline and efficiency with the best of human and social values. We need this synergy, now more than ever,” said Precious Moloi-Motsepe, Co-Chair, Motsepe Foundation and Chancellor of the University of Cape Town.

The 2022 awardees are:
Social entrepreneurs

Founders or chief executive officers who solve a social or environmental problem, with a focus on low-income, marginalized or vulnerable populations.

Ashraf Patel, Co-Founder of Pravah and ComMutiny Youth Collective (CYC), India: For almost three decades, Patel has nurtured inside-out youth leadership with collective organisations. This ecosystem has co-created the right space, context and narrative that has reached over 15 million young people.

Celso Athayde, Founder, Central Unica das Favelas (CUFA) and Chief Executive Officer, Favela Holding, Brazil: One of Brazil’s best-known social entrepreneurs, Athayde founded the nation’s largest social enterprise focused on favela communities, using music and sport to transform their lives.

Jos de Blok, Founder, Buurtzorg, Netherlands: de Blok is revolutionizing nursing around the world with buurtzorg, meaning neighbourhood care, which puts nurses and patients at the heart of its social enterprise model.

Kennedy Odede, Founder and Chief Executive Officer, SHOFCO (Shining Hope for Communities), Kenya: Passion, 20 cents and a soccer ball were the building blocks for Odede’s social enterprise SHOFCO, which is transforming urban slums and providing economic hope.

Marlon Parker, Co-Founder, Reconstructed Living Labs (RLabs) and Rene Parker, Chief Executive Officer and Managing Director, RLabs, South Africa: Marlon and Renee Parker grew a Cape Town community project helping ex-convicts into a global social enterprise that has helped around 20 million disadvantaged people by offering tech skills, training, funding and workspaces.

Mikaela Jade, Founder and Chief Executive Officer, Indigital, Australia: From park ranger to tech founder, Jade founded Australia’s first Indigenous edu-tech company using augmented and mixed realities to preserve and teach Indigenous culture and history.

Rana Dajani, Founder and Director, Taghyeer/We Love Reading, Jordan: Dajani sparked a global reading revolution, training female volunteers to read to kids. We Love Reading now operates in 56 countries, benefiting nearly half a million children.

Wenfeng Wei (Jim), Founder and Chief Executive Officer, DaddyLab, People’s Republic of China: “Daddy Wei” is a social media champion for safer consumer goods. His enterprise DaddyLab is a one-stop shop for trusted product testing, consumer rights advice for families.

Corporate social intrapreneurs

Leaders within multinational or regional companies who drive the development of new products, initiatives, services or business models that address societal and environmental challenges.

Gisela Sanchez, Corporate Affairs, Marketing, Strategy and Sustainability Director, Bac International Bank and Board Member, Nutrivida, Costa Rica: Nutritional food firm Nutrivida, the brainchild of Gisela Sanchez, combats a lack of vitamins and minerals in the diet, known as hidden hunger, that affects 2 billion people.

Sam McCracken, Founder and General Manager, Nike N7, USA: A member of the Assiniboine and Sioux Tribes from the Ft Peck Indian Reservation in Montana, McCracken founded Nike N7 20 years ago with a vision of using the power of sport to promote cultural awareness. It demonstrates Nike’s commitment to diversity, equity and inclusion with the Indigenous populations of North America. Today, N7 has benefited more than 500,000 Indigenous youth.

Public social intrapreneurs

Government leaders who harness the power of social innovation social entrepreneurship to create public good through policy, regulation or public initiatives.

Pradeep Kakkattil, Director of Innovation, UNAIDS, Switzerland: Kakkattil founded global platform HIEx to link innovators, governments and investors and find solutions to global healthcare problems, from COVID diagnosis to the cost of medicines.

Sanjay Pradhan, Chief Executive Officer, Open Government Partnership (OGP), Global: Pradhan has been a tireless champion of good governance and fighting corruption, leading a partnership of 78 countries, 76 local governments and thousands of civil society organizations that are working together to make governments more open and less corrupt.

Social innovation thought leaders

Recognized experts and champions shaping the evolution of social innovation.

Alberto Alemanno, Professor of Law, HEC Paris and Founder, The Good Lobby, European Union, France: Alemanno is passionate about overcoming social, economic and political inequalities. His civic start-up, The Good Lobby, kickstarted a movement for ethical and sustainable lobbying.

Adam Kahane, Director, Reos Partners, Canada: Kahane is a global leader in helping diverse teams of leaders work together, across their differences, to address their most important and intractable issues. He has facilitated breakthrough projects in more than 50 countries on climate action, racial equity, democratic governance, Indigenous rights, health, food, energy, water, education, justice and security.

Hahrie Han, Stavros Niarchos Foundation Professor of Political Science, Inaugural Director of the SNF Agora Institute, Johns Hopkins University, USA: Han is a leading academic and author on collective action and the way citizens can collaborate to solve public problems and influence policy, from immigration to voting rights.

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New Social Compact

Grace and a Tennis Celebrity

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image source: Wikipedia

Among the character traits we cherish in fellow humans, grace is often more noticeable in its absence.  The recent saga of a Serbian tennis player and his manner of entry into Australia and subsequent events come to mind.  A champion athlete cannot help but serve as an ambassador for his country, and in Serbia’s case, after the horrors of the Yugoslavia civil war and its prominent role, it is a country that needs all the help it can get. 

Novak Djokovic is ranked number one in the world and is in Australia to defend his title.  He appears to have lied on his Australian entry form:  False declarations are grounds for revoking a visa, and immigration officials acted.  But as world number one, he is a draw for the tournament … and money talks — he is already scheduled to play his first match as this is written. 

Mr. Djokovic’s lawyers went to court which overturned the immigration officials’ order against him on the grounds they had not followed proper procedure.  Then the immigration minister, Alex Hawke, who had been thinking about canceling his visa actually did.  So it’s back to court.

But it gets worse:  Djokovic has not been vaccinated.  He claims that having had the illness, he is immune.  Scientists have found that to be of short duration.

He also broke isolation rules after he had tested positive, particularly by not isolating himself, thereby endangering his contacts.  Cavalier his behavior maybe, perhaps careless but possibly a sense that rules are not for celebrities, only for lesser mortals.

That it caused a sense of outrage is apparent.  A leaked video has a couple of news anchors discussing Djokovic in not very flattering terms:  “Novak Djokovic is a lying, sneaky asshole”, says one.  Yet the comment also is evidence of a coarseness that has gradually pervaded language.

In the meantime, Mr. Djokovic’s father has his own take on the affair.  He calls it a conspiracy to prevent his son from breaking the previous record of 20 Grand Slam title wins held by Rafael Nadal and Roger Federer because they are all against Serbia.  But Serbia, which still believes in little Jesus and is thus protected, will prevail.

Would aphorisms like ‘a storm-in-a-teacup’ or ‘mountains out of a molehill’ be descriptive?  Not if it’s news across the world.  Yet, if he continues to rant on the tennis court and win, it could be his way of getting rid of nerves, an eternal bugaboo. 

He must have another crucial concern:  the biological clock.  At 34 going on to 35 in five months, and with much younger rivals snapping at his heels, it has to be a race against time to win that 21st major title.

Just like grace notes relieve tedium in music, perhaps Djokovic’s rants relieve the boring baseline game that modern tennis has become.  No more a Frank Sedgman or a Pancho Gonzales charging up to the net to put away a dramatic volley, tennis now needs a grace note, or two, or three …  

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New Social Compact

Age No Bar: A Paradigm Shift in the Girl Child’s Marriageable Age in India

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Image source: indiatoday.in

India is a country known to have diverse culture, languages, social norms, ethical values, traditional customs, belief system, religions and their personal laws. With personal laws governing succession, adoption, divorce etc, one of the most important aspects governed by the personal laws is Marriage. Indian society has a deep-rooted belief of marriages being the most sacred bond between two people. Every religion of the country gives utmost importance to this sacred bond. Since this bond is of such great importance to the Indian society and to the people of the country, the legal system and the personal laws have made efforts to legalise the sacred bond. There are conditions and requirements laid down for the marriage to be solemnized and get a legal sanction. One such important condition is “age”. According to most of the personal laws and The Prohibition of Child Marriage Act, 2006 the legal age for a man should not be less than 21 years of age and a woman 18 years of age. Recently the government introduced The Prohibition of Child Marriage (Amendment) Bill, 2021 to raise the age of marriage for women from 18 years to 21 years

Introduction of this bill shall prove to be a ray of hope for people struggling to curb the evil of child marriage in our country. One cannot claim progress unless women progress on all fronts including their physical, mental and reproductive health. The Constitution guarantees gender equality as part of the fundamental rights and also guarantees prohibition of discrimination on the grounds of sex. This bill would bring women equal to the men as far as the legal age of marriage in concerned. Under the National Family Health Survery-5, it is stated 7% of the girls aged between 15 and 18 years were found to be pregnant and nearly 23% of the girls in the age group of 20 to 24 were married below the age of 18 years. There are researches to point that from 2015 to 2020, 20 lakhs child marriages have been stopped.

In my opinion, increasing the age of women from 18 years to 21 should not be seen solely as an equal opportunity for them to choose their life partners at the same age as that of men, but this is a step taken by the government to eradicate child marriages that still find way in to our society. It should be seen as an effort to bring down maternal mortality rate and infant mortality rate. It shall also try and curb the teenage pregnancies, which are extremely harmful for women’s overall health as well as the infants born out of it. We also have to take into consideration that a large part of our society still lack basic education and awareness about these laws and the advantages attached to it. We as educated citizens of the country should take extra efforts in making people aware and to make them understand about the disadvantages associated with child marriage and the overall consequences their children would face in the future. We should appreciate the efforts taken by the government to tackle gender inequality and gender discrimination adequate measures taken to secure health, welfare and empowerment of our women and girls and to ensure status and opportunity for them at par with men.

*The Views Expressed are Strictly Personal

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